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I live in Colorado and my husband tape recorded an argument…

Customer Question
I live in Colorado...

I live in Colorado and my husband tape recorded an argument without my knowledge and later told me and says he will use it in court. He only recorded my portion after he verbally abused me. Is this admissible in court?

Lawyer's Assistant: Can you tell me what state this is in? And has the behavior been documented in any way?

That tape was in spring of this year and we are separated and there is a restraining order. I live in colorado

Lawyer's Assistant: Have you talked to a lawyer yet?

I am trying to find one

Submitted: 7 months ago.Category: Family Law
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Answered in 2 minutes by:
9/26/2017
Family Lawyer: RobertJDFL, Lawyer replied 7 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,825
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Family Lawyer: RobertJDFL, Lawyer replied 7 months ago

Good morning,

Colorado is a "one party" consent state, meaning so long as one party to the conversation consents to the recording (in this case, him) it is legal to record it, even if he doesn't ask (and you could do the same to him). While this is admissible in court, you/your lawyer would have the right to question him on the circumstances of the recording, e.g., what happened before the recording, what led to the conversation being had, etc.

Often times, parties aren't so much interested in using the tapes in court as they are as trying to use it as leverage against another party to try and settle a matter in lieu of it being played.

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Family Lawyer: RobertJDFL, Lawyer replied 7 months ago

If you require any additional information or clarification, please REPLY WITHOUT RATING and I'm happy to help you further. Otherwise, kindly remember to click on the stars at the top of the page to leave me a positive rating. You may be unaware, but experts are not employees of this site and receive no salary. We answer questions in good faith that customers will reciprocate in kind by leaving a positive rating so that a portion of their deposit is released to us as payment. Thank you.

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