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Weight of Audio Recording As Evidence (Family Law)

Tue, 21 Jul 2009 05:13:00 GMT

WA state. I have an audio recording from last week when my spouse committed several acts of domestic violence. She's trying to tell me she spoke to some attorney who said the audio isn't admissable because it was without her consent and because audio recordings can not be time stamped or proven unaltered.

I know its admissable. 1. It was an emergency. 2. You only need 1 person's consent: me.

BUT...How much weight would an audio recording carry to both protect yourself from allegations and to prosecute DV crimes?

I have several digital clips ranging from 10-40 minutes a piece...about 80 minutes of this episode recorded. I'm sure to get a definite answer you would need to know what was on the recording, just wondering if their is a common standard judges use to determine the validity and weight of audio recordings?

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  • Thu, 27 Aug 2009 11:46:00 GMT(1)
  • Update:

    Because I cited: RCW 9.73.030 (2)(b) the judge is going to allow it as evidence, however, because my wife needs to "validate its authenticity" the hearing was continued, yet again.
  • Wed, 22 Jul 2009 19:33:00 GMT(2)
  • We haven't heard the tape. If you believe a crime was committed, make a police report and give the police the recording.
  • Tue, 25 Aug 2009 09:17:00 GMT(3)
  • Update. (As above, Washington state)
    I tried giving it to the police. They don't want it. I tried giving it the DA and victim's advocate. They don't want it. The DA claims that recordings cannot be used in a criminal court only in a civil court. Sounds absouteley ridiculous.

    This is it:
    http://sharebee.com/8adffe3b
  • Wed, 22 Jul 2009 19:50:00 GMT(4)
  • We also don't know the state.
  • Mon, 26 Oct 2009 19:54:00 GMT(5)
  • You're reading the law wrong.

    (1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:
    (b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation.

    Washington State is one of the few (13 I think?) states that require the consent of all party members before recording can begin. What you did was illegal and your spouse can sue you for it. Either the judge or your spouse's lawyer is going to figure it out eventually.
  • Leave a Comment Now.

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