False Allegations-Preparing for one in a Family Law Case?

Answer 1

This is a very common problem. In a letter to Dear Abby, a Missouri Presiding Judge wrote that 60% of child custody cases will include some type of sex abuse allegation, though less than 4% of the allegations have any validity. These commonly take place about two years after a failed allegation of DOMESTIC VIOLENCE or PHYSICAL CHILD ABUSE.

It should be noted that it's very easy to get a restraining order using a false allegation, as David Letterman learned, costing him thousands of dollars to defend. See link below.

First, not that audio/video recording an individual, with whom you are communicating, without their knowledge, is not illegal in all American states, or countries. See link below.

"Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as 'one-party consent' statutes, and as long as you are a party to the conversation, it is legal for you to record it."

In dealing with calls made across state lines, the law applies at the point of origin of the call. If it is illegal in your state, but the other parent calls you from a state where it is legal, than you can record. But, not if you call the other parent, or vice versa.

If you do happened to live in a state where it is legal to record telephone conversations

without everyone knowing that the conversations are being recorded, you should strongly consider recording your phone calls. Very often the other side will make very damaging statements during phone conversation. Recording these conversations can help you win your case or at least prove that you are not the person who is calling and harassing the other side. Another benefit of having a recorded conversation is that you can use the tape to refresh your memory long after the conversation took place.

The best quality recordings are made by plugging directly into a modular phone or cellular phone. Several devices are available at RADIO SHACK.

Once you have taped a conversation, label it clearly, indicating start and ending dates. Keep a notebook on the tapes. Provide general information about each tape. List the digital count on those conversations which are most important. Always use new/never used tapes. Record only on one side. When a tape is full, remove the tabs on the sides to prevent it being recorded on again. Keep it in a cool, dry, place.

You must to transcribe the ENTIRE individual conversations in order for it to be considered for admission as evidence in court. You can have this done by a professional transcriber, who will certify the accuracy of the content, but doing your own works just as well. Properly, it would be best to transcribe it into your DAILY JOURNAL (see link below). ALL parts of the conversation must be recorded and transcribed. DO NOT EDIT THE CONVERSATION.

When recording conversations it is best to remember the old adage that "people who live in glass houses should not throw stones." Since the recording device is on your phone, you will sound much louder than the other caller, so be certain to control your tone of voice. Also, control your language and temper. Don't say anything threatening or hostile on the phone when you are being recorded because the same tape you wish to use against the other side could now be used against you. (It is not unusual to be stressed and to get angry over problems with the child's mother, but it doesn't help for you to lose your temper. Counseling to control stress is very useful.) You can be sure that once the other side finds out that you have tape recordings of them, they can subpoena copies of your tapes.

If you are interested in tape recording conversations, you may wish to look at the following legal citations:

# 18 USC ' 2511D # Newcombe v. Ingle, 944 F2d 927 (2nd Cir. 1993) # Thompson v. Dulaney, 970 F2d 744 (10th Cir. 1994) # 58 ARL2d 1024-105