Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

The compliant lives in va. Sent a restraining Order to nc

Customer Question
The compliant lives in va...
The compliant lives in va. Sent a restraining Order to nc after a conversation transpired ,she claims ,she felt threaten.She had her new boyfriend to call the ex boyfriend , telling him he needs to meet this man, to see who will be rearing his daughter now.
All involved became belligerent. She claims she tape the ex boyfriend's conversation and will play it on court.
My question is, can a conversation be taped without the party knowledge?
What if the complaint initiated the calling and encouraged the new boyfriend to be party to the confusion by continously calling.
What recourse does the ex boyfriend have?
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 7 minutes by:
7/27/2016
Family Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,680
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

My question is, can a conversation be taped without the party knowledge?

It is lawful for her to tape the conversation provided she is party to it. See N.C. Gen. Stat. § 15A-287(a)(1).

What if the complaint initiated the calling and encouraged the new boyfriend to be party to the confusion by continously calling

The same is true. However, the fact that she called him may be used as mitigating circumstances by him, and perhaps the Court will dismiss the matter if the Judge feels that she did this just to ensnare him.

What recourse does the ex boyfriend have?

He has to show that she called to minimize the blow. This may mean subpoenaing phone records, if possible.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
According to the law ,NC gs 15a-387a
Says is illegal to tape conversation without the consent of the the party .
Family Lawyer: Ely, Counselor at Law replied 1 year ago

With respect, no. You are reading the verbiage wrong. The consent of at least one party to a conversation is required to record it. If she is party to the conversation, and she is recording, then she is the person giving consent. The party giving consent can be the one recording.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Gs 15a-387a. correction
Family Lawyer: Ely, Counselor at Law replied 1 year ago
Hello,
Same thing: With respect, no. You are reading the verbiage wrong. The consent of at least one party to a conversation is required to record it. If she is party to the conversation, and she is recording, then she is the person giving consent. The party giving consent can be the one recording.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Ask Your Own Family Law Question
Family Lawyer: Ely, Counselor at Law replied 1 year ago
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Ask Your Own Family Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,680
102,680 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

102,680 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My great grandchildren are in care. four girls. ages about
my great grandchildren are in foster care. four girls. ages about 16, 14. 12, and 10. their mother lives in tacoma, washington. she say, the children are in maple valley, washington. how may I get vis… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
I just found out that I have my divorce trial tomorrow
Hi Pearl.. I just found out that I have my divorce trial tomorrow (common law divorce) and did not receive any documentation about it. I found out that it is scheduled for tomorrow based on looking on… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,961 satisfied customers
Parents with 15yr old daughter have difficulties
Parents with 15yr old daughter have difficulties establishing joint custody plan. Wife's attorney threatens to "take custody before the court" - husband feels threatened and angry. Husband proposes to… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My wife was recently released from a mental health facility.
my wife was recently released from a mental health facility. She blames me for being in there. this has made her extremely angry with me, so she took the kids and went to her mothers. her family isola… read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
I was in marriage that was voided do to bigamy it was not
I was in marriage that was voided do to bigamy it was not intential my prior marriage over lapsed by one week causing the following marriage to be voided. I recently had an annulment to fix the issue … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,029 satisfied customers
My bf went to conflict resolution with his ex today and
My bf went to conflict resolution with his ex today and nothing was solved. Initially lawyer told him that based on the financial affidavit they both filled out. He spends more money on his son then s… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
I am currently in a New Jersey divorce case. I go before the
Hello. I am currently in a New Jersey divorce case. I go before the judge for a pendante lite motion on Friday. My wife is asking for child support ( my 22-year-old son still lives at the marital home… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
I would love to talk but can't at this moment. In addition
I would love to talk but can't at this moment. In addition to my previous question . . .I have an additional question. Is she legally allowed the right to deny my visits because I haven't gone to the … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My question is about how or what do i need to do to try and
Good morning, my name is***** my question is about how or what do i need to do to try and serve someone court papers if their whereabouts are unknown. I am about to go through an adoption to adopt my … read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
My boyfriend is married but has been separated for over 3
My boyfriend is married but has been separated for over 3 years. He was presumed to be the father of a child that was born while they were together. He found out a year later that the child he had bee… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
My older brother has took over 200000.00 from my mother in
My older brother has took over 200000.00 from my mother in past couple years I need him stopped for my mothers safety… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,397 satisfied customers
Morning, Please review below and advise what legal step I
Morning , Please review below and advise what legal step I can take as the father of children in relation to below as I feel the safety and well-being of the children are in jeopardy . Incidents raisi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I live in NC. My son's father is an aerospace engineer who
My son's father is an aerospace engineer who takes contract work. His rate is $85 - $95 an hour. How will child support be figured? … read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
I am in the process of getting separated -- need to know
I am in the process of getting separated -- need to know whether or not it is mandatory to attach a DRO to a separation agreement and include th elanguage of the DRO in the separation agreement before… read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
I have a 10 year old granddaughter and on the school bus
I have a 10 year old granddaughter and on the school bus today she had a plastic knife and told 4 boys she was going to stap them. What should we di … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
What do I do if I hired an attorney to help get my ex to pay
What do I do if I hired an attorney to help get my ex to pay due child support and medical fees and I paid her the fee of $8000.00 within a month and it is going on two years March and I can't get a h… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers
Will this help with alimony or retirement payments and
Will this help with alimony or retirement payments and insurances … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I want to know if i have a body attachment. Indiana. I have
i have this judgement for 700$ for credit card, but i did not attend the court because i was not in the country so i want to know if i have a body attachment ok… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x