Contested child custody cases are typically very emotionally charged. There are often heated conversations between the parties and, at times, these conversations may be recorded. While the memorialization of an abusive conversation is relevant and useful in a custody case, the recordings can also come across as an unnecessary violation of privacy.
However, this does not prevent certain conversations from being recorded. Therefore, it is important to know (1) when it is legal to record a conversation, and (2) that you should always conduct yourself as though every word you say may someday be broadcasted throughout the courtroom.
In general, in-person conversations cannot be recorded unless you inform all participants that they are being recorded. This means that it is illegal to hide a tape recorder in your pocket while you talk to your spouse, unless you inform them you are recording the conversation. The exception to this rule is that conversations which occur inside your home may be legally recorded, notwithstanding that not all participants have been informed or consented. Aside from this exception, recording a conversation in-person without the other person’s consent is illegal.
Telephone conversations can be legally recorded so long as at least one of the participants has consented to being recorded. This means your spouse can record a conversation between you and a friend, so long as the friend consents. However, this does not apply to a phone conversation where one of the participants is in your home. Say, for example, you pick up your home phone intending to make a call, and find out that your spouse is already engaged in a conversation with a third party. This conversation could be legally recorded without getting consent from either of the parties.
Legally recorded conversations are typically admissible in court. Heated conversations always sound worse in court. Therefore, if for no other reason (which there are plenty) conduct yourself appropriately.
The Oregon laws on recording conversations contain further complexities, and you should consult a lawyer prior to recording any conversations.
Russell Getchell
With a background in teaching middle school students, Russell knows how to craft creative solutions for parties with conflicting viewpoints. Russell practices in the areas of domestic relations, litigation, banking and lending, real estate and land use, and general business.
After 4 years of service, Gina Johnnie’s term on the Oregon State Bar’s Board of Governors came to an end on December 31, 2011. The Board of Governors is the Board of Directors for the Oregon State Bar, and Ms. Johnnie obtained that position through an election process. The Board of Governors is tasked with directing the Bar’s power for the advancement of the science of jurisprudence and the improvement of the administration of justice. Essentially, it was a lot of hard work. However, it is necessary work and work that betters our community as a whole. Ms. Johnnie was honored to represent Region 6 and is now looking for other commitments that are as fulfilling and rewarding as serving as a member of the Bar’s Board of Governors.
Too often business owners are too busy running the business to pay attention to the documents which govern the business and could decide its future in the event of sudden unanticipated change. Taking a few moments to review a company’s governing documents may seem like a distraction from the business at hand, however, doing so could be the difference between a business which survives and thrives, and one which fails.
As the population ages, long term health care planning becomes more important. By long term health care, we mean any health care that extends over a long period of time. This can be assisted living, in home health care, care in a nursing home, or group home care.
Currently, the Health Care Representative you nominated in your Advanced Directive only has the power to consent to your physical health care, and does not have the power to admit or retain you in a health care facility for mental health treatment. However, effective January 1, 2012, your Health Care Representative will have the power to consent to mental health care for you. This is true even if you signed your Advance Directive long before January 1, 2012, as the legislation is retroactive.
Salem, Oregon 97301