If my husband physically attacked me by slamming me on the ground twice and I recorded his apologizing for it, is that recording admissible in court?

My 12 year child witnessed this happening. Now I can’t even work to provide for me and my kids. Before he was arrested for assault and issued a restraining order, I managed to get him to confess in a conversation we had in the living room. The recording is clear and discuses in great detail what happened and him apologizing and admitting to assaulting me? What steps are needed before I can or if I can present this in court?

Asked on December 8, 2015 under Criminal Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

His recorded confession is hearsay: a statement made by a party or witness while not in court. As a general matter, hearsay is not admissable in court: courts only listen to what people say in court. There are exceptions, and this may fall under one of them, but do not assume you can get it into court. If there's a criminal case pending, share it with the prosecutor, who will know what he can do with it. If you are divorcing, share it with your divorce attorney, who again will know to what use (if any) it can be put.

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