legality of taped phone conversation elder abuse

[Devinitra]

What is the name of your state (only U.S. law)? California.

Basically, I recorded phone conversations of my brother in acts of elderly abuse and undue influence and fraud upon my mother that ended up causing me financial and psychological damage.

My mother was in hospice. I was her caregiver. My brother lived in another town. He was trying to get my mother to change her trust so I would not inherit her condo. Every day for six months he called her and lied to her about me. Her brain was being deprived of oxygen, so she became unable to discern lies from fact. My brother told her he was certain I was getting her declared incompetent and was putting her in the hospital. My mother no longer trusted me. One night, while I was asleep she called the Sheriff and said she thought I was trying to kill her. I had to hire caregivers to care for her, because she was afraid of me. Then my brother and his accomplice, (another beneficiary to the trust) started trying to get me arrested, calling the sheriff to say I was threatening my mother, although I hadn't talked to her or seen her for 3 days. I sought psychological counseling. My psychologist told me to tape the conversations, which i did. My brother is a psychopath and very smart. The taped evidence is one of the few pieces of evidence I have. Can I use it in court to show undue influence and elder abuse of my mother as well as intentional infliction of emotional distress on me? I saw on TV video of elder abuse. If hidden video is legal, shouldn't a taped recording of elder abuse be legal?What is the name of your state (only U.S. law)? California.

 

[CourtClerk]

Uhhh... CA is a two party state. Did you get permission from the person on the other side of the phone to tape those conversations or did you break the law?

 

[Devinitra]

taped phone conversation of elderly abuse

To court clerk.

Your answer brought tears to my eyes.

Do you think a psychopath would allow taping of his crime?

 

[Just Blue]

To court clerk.

Your answer brought tears to my eyes.

Do you think a psychopath would allow taping of his crime?

That is irrelevant. You committed a crime...So the tapes will not be admissible in court.

 

[cyjeff]

To court clerk.

Your answer brought tears to my eyes.

Do you think a psychopath would allow taping of his crime?

Um, no.

But the law is clear on the subject of audio tape (there is a distinct difference between video and audio recordings) and audio recordings without the prior knowledge of the people being recorded is not only inadmissible in court but could expose you to criminal charges of your own.

 

[Devinitra]

That is irrelevant. You committed a crime...So the tapes will not be admissible in court.

Someone told me that in family law sometimes the judges will allow taped phone conversations.

Okay, so if this IS true, I'm sure psychopaths will be making phone conversations the method of choice for committing elder abuse crimes in California. Elder abuse will just go one with its inherent isolation. Maybe you'll be elderly someday too. Maybe it will happen to you.

 

[cyjeff]

Someone told me that in family law sometimes the judges will allow taped phone conversations.

Someone is incorrect.

Okay, so if this IS true, I'm sure psychopaths will be making phone conversations the method of choice for committing elder abuse crimes in California. Elder abuse will just go one with its inherent isolation. Maybe you'll be elderly someday too. Maybe it will happen to you.

Okay, feel better? Sometimes, ranting nonsensically at the people to whom you ask a question but don't like the answer really helps.

Sometimes not.

 

[Just Blue]

Someone told me that in family law sometimes the judges will allow taped phone conversations.

Okay, so if this IS true, I'm sure psychopaths will be making phone conversations the method of choice for committing elder abuse crimes in California. Elder abuse will just go one with its inherent isolation. Maybe you'll be elderly someday too. Maybe it will happen to you.

Grow the heck up!! You came here asking a legal question and you were given the legal answer. If you suspected Elder Abuse you could have contacted the appropriate agency for assistance. You didn't. You chose to commit a felony to "prove" you point.

And this won't EVER happen to me as I have raised moral children with backbone.

 

[Devinitra]

Someone told me that in family law sometimes the judges will allow taped phone conversations.

Okay, so if this IS true, I'm sure psychopaths will be making phone conversations the method of choice for committing elder abuse crimes in California. Elder abuse will just go one with its inherent isolation. Maybe you'll be elderly someday too. Maybe it will happen to you.

<This makes no sense. It's a nonsensical rant. Elder abuse won't go on. Psychopaths won't choose the telephone as a method for committing crimes. The people who responded with no options other than 'you committed a crime' will not have it happen to them.>

 

[Just Blue]

<This makes no sense. It's a nonsensical rant. Elder abuse won't go on. Psychopaths won't choose the telephone as a method for committing crimes. The people who responded with no options other than 'you committed a crime' will not have it happen to them.>

Are you on drugs??

 

[Devinitra]

Grow the heck up!! You came here asking a legal question and you were given the legal answer. If you suspected Elder Abuse you could have contacted the appropriate agency for assistance. You didn't. You chose to commit a felony to "prove" you point.

And this won't EVER happen to me as I have raised moral children with backbone.

Oh yeah, thanks for telling me I committed a crime. I didn't know that when I came here. I did contact the appropriate agencies at the time. They did nothing because the only evidence I could get was taped conversations.
You don't care that it happened to me otherwise you wouldn't respond with the answers you gave me.

 

[Just Blue]

Oh yeah, thanks for telling me I committed a crime. I didn't know that when I came here. I did contact the appropriate agencies at the time. They did nothing because the only evidence I could get was taped conversations.
You don't care that it happened to me otherwise you wouldn't respond with the answers you gave me.

Why would you expect a random stranger on a website to care?? Again...Are you on drugs??? You came for legal advice and were given it. If you expect hugs and kisses go to a therapists.

 

[Devinitra]

I thought this was the place where people were interested in and informed about laws. Now, I know taping conversations in California without both parties' consent is illegal. However, perhaps there have been challenges based on Federal law or other rules of evidence; perhaps there are people in the political sphere who are trying to change the law, perhaps there are other types of evidence permitted in elder care law that I might be unawares.

Or perhaps there is no justice and lawyers in the elder care section of the message board don't care who wins - psychopath or victims.

 

[CourtClerk]

Someone is incorrect.

Actually that someone is correct. However, the order for taped conversations must be signed PRIOR to taping the conversations.

 

[megabux]

You MAY be able to tape FROM a one party state and this, in MY opinion, MAY be admissible. I believe it would be in federal court.
Taping in person should be, also.
You need to get some evidence.
I recommend talking to a private investigator.