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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 24496
Experience:  Active member of the NYS bar since 1989
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My husband claimed he has a voice recording of me cussing at

Customer Question

My husband claimed he has a voice recording of me cussing at him during an argument when we were still living together, and that he is going to use that against me in a custody battle. Is that legal for him to do? And can it be viewed as a valid form of evidence in such a case?
It was done (if it was done) without my knowledge or consent.
Submitted: 9 months ago.
Category: Legal
Expert:  Zoey, JD replied 9 months ago.
Unfortunately for you, Utah is a one-party consent state when it comes to making audio recordings. So with the consent of only one party -- in this case your husband -- the taping can be lawfully made and it would be admissible in a Utah court if it was otherwise relevant and the proper evidentiary foundation was made. Utah Code Ann. §§76-9-401(2), 76-9-403(1)(a), & 77-23a-4(7)(b)
Customer: replied 9 months ago.
So then if I had voice or video recorders installed in our home, and I had left the home to run an errand, and it recorded him alone doing something, would that be permissible?
Customer: replied 9 months ago.
Or, if he ceased talking during the voice recording, and only my voice was on audio, and no one could definitively say he was also a part to a voice recording, would that be legal to have been recorded?
Expert:  Zoey, JD replied 9 months ago.
So then if I had voice or video recorders installed in our home, and I had left the home to run an errand, and it recorded him alone doing something, would that be permissible? Yes. Or, if he ceased talking during the voice recording, and only my voice was on audio, and no one could definitively say he was also a part to a voice recording, would that be legal to have been recorded? Yes. If one party knows it's being taped that's good enough in Utah.
Expert:  Zoey, JD replied 9 months ago.
Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.