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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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In Texas if you have a protective order against you and ...

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In Texas if you have a protective order against you and your soon to be ex wife by means of a voided marriage because she is still married to her third husband when she married me has phones calls that were recorded on an answering machine (i never actually talked to her just to the answering machine) which she and the answering machine are residing in Florida when . I never left any threathing or obusseive messages in fact all the messages were medical related or just trying to talk to her about divorce so as to cut the lawyer bills down. But the fact remains I tried to contact her. Floida is one of the few states that it takes both parties to agree to a conversation over wires to be recorded. 1. By talking to an answering machine does this constitue concent. 2. they had these conversations transcript to use on contempt charges here in texas. Can they legally use them because no where on the transcripts does it give concent by both parties. 3. Need court cases to back up if yes
Submitted: 9 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 years ago.
By you leaving a message on the answering machine, it is deemed your consent, you knew it was being recorded. The Florida wiretap law applies only to secret recordings of conversations. The transcript of the conversations can be used if they can prove they are accurate to what was on the tape, which you can challenge if the were not done by a certified transcriptionist and verified as accurate. Unfortunately, they can legally use the tape or the transcript if it is accurate in the violation proceeding against you. Technically, you did violate the protective order by calling, but again, you did not actually speak to her and you can argue that you left a message instead of speaking to her because you believed that leaving a message was not actual contact and not violating the protective order. It is a weak argument, but the judge may buy it.

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