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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption