legality of taping phone conversations

[newtosmalltown]

First, the state is Missouri.

My friend is going through a nasty divorce. She married young and the two of them built up a thriving business in a small town. There are children involved and a lot of money.

She caught him (again) cheating, whilst they were trying to work things out from the last time, thankfully, after the "last time" she moved out of the house and bought her own.
Now that she has filed and the paperwork shows the money situation, he has really gotten kind of, well, crazy.

One minute he is begging her to work things out, the next threatening to "ruin" her, or worse, lately, to do "whatever it takes" to stop her.
A few days ago his sister (secretary) calls her and tells her that he is on the floor crying and threatening to hurt himself and she is afraid for him to have his gun in the car in his state of mind (it is turkey season). My friend advises her to call the police or get him some help.
He shows up at her house later that day for a b-day party for one of his children and is acting very strange. At the end of the party he starts screaming at her, he threatens her about the money she is never going to see, he will not give her a dime for child support and so on. One time he does say she will not take "his freaking kids" away. She is frightened, he leaves she calls the police.
The policeman advises her to get out of town for the weekend and she files an ex parte order for protection, on his advice.

Court goes badly. He shows up with a lawyer, hers had a prior engagement, and the secretary, who denies making that phone call. The lawyer says she filled out the form wrong (although she filled out what the county clerk told her) and makes her out to be a liar. The husband lies on the stand and it is thrown out on a technicality (filled out wrong).
He calls her later, tells her that she forced him to lie and make her look bad and so on.

The question. If she starts to tape record the conversations on the phone can she use them in a civil (divorce) case. Or, at the very least, [B]can she play them for an officer if she has to call one to the house again? [/B] She feels her hands are tied as far as the court system goes. She never knows what she is going to deal with when he calls or comes around. She is frightened.
Thanks.

[Curt581]

These are all questions better answered by an attorney from your area that knows your state laws and is familiar with the workings of the local courts.

Civil law is in large part beyond the purview of the police.

[Citicop]

In Missouri, it is legal to record a conversation, provided that at least one party involved in the conversation knows that it is being recorded, so yes, she can record any conversation she has on her phone.

Citicop.

[BP348]

These are all questions better answered by an attorney from your area that knows your state laws and is familiar with the workings of the local courts.

Civil law is in large part beyond the purview of the police.

+1 anytime theres money involved it's time to get an attorney.

As far as recording the conversations I couldn't tell you but I do know of a former USBP agent who recorded his wife with her boyfriend. He then called the wife of the boyfriend and informed her that she could have copies of the tapes if she wanted.

Well said wife set up a time to hear the tapes. She show's up with her attorney. They listen to the tapes and take off. A few days later the agent is indited for a wiretap infringment charge :eek: turns out that the attorney that showed up with the wife was a assistant U.S. Attorney. :eek:

I don't know the in's and out's of title 3 so I couldn't tell you why he was charged or even why the wife who's husband was cheating on her would contact the AUSA? :confused:

Maybe one of the other guys can explain it? :confused::confused:

Anyway after hearing that story I'm very leary of recording anyone. Lagal as long as one person knows or not.

[phantasm]

Didn't read the post, too much to read, but to answer the question in the topic, NY is a 1 party permission state. I can record any conversation that I have. The issue of wiretaps comes into play when a 3rd party is involved. For example I'm talking to you, and some 3rd party decides they want to listen in. If its the government, they need a warrant, if its not the government, its a crime if they do it.

[newtosmalltown]

The attorneys are involved as far as the divorce goes. I guess, in part, I was wondering, if she keeps a record of the phone calls and has another incident where the police show up, after the fact, can she play the tapes for the officer. To prove to him that she is in danger.

Thank you citicop, if it is legal to tape the conversations I am sure that it is legal to let the officer hear them.

We recently had a husband/wife murder-suicide in the same county. This is very rural and the city she is living in is less than 3000 people. The officer, she said, was excellent. He mentioned the recent murder/suicide and requested that she get out of town for a few days. I think her problems are going to be point of contact, when lawyers cannot help her. I just pray that he doesn't carry through on the threats he made and we have to learn the hard way that the important thing is not in how you fill out the form.