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Court Rules on Legality of Wiretapping in Domestic Violence Case

In domestic violence cases, the court is often called upon to review actions that people have taken in contradiction to the law. In New York, the wiretapping laws are clear. If one of the two people involved in the conversation on a telephone line is aware of the taping, then the tape is legal and may be presented in a court of law. If however, the tape is made by a third person with no input into the call and without the knowledge or permission of anyone involved in the conversation, then the tape is not admissible in court and is considered an illegal wiretap. A New York Sex Crimes Lawyer said the laws that control these wiretaps explicitly detail that anyone who wants to tape a conversation must obtain an order authorizing the wiretap from a Supreme Court judge.

In many domestic violence cases, one or both of the parties involved may attempt to gain information about the other to use in court. If the information is obtained without the proper judicial order, it must be reviewed to determine if one of the parties involved in the conversation gave permission for the tape. If it is proven that one of the parties in the tape gave permission for it to be made, then the court has other procedures that it must follow. A certified court recorded will make an official transcript of the conversation on the tape. In most cases, the defendant’s attorney will want to depose the people or person on the tape in order to establish the veracity. In some cases, this can become problematic for the court. This is the case if the person who gave permission for the tape is located more than 100 miles from the point of the trial. In the present case, a wife had in her possession in matrimonial issue, a tape that she contends will prove that her husband is lying. A New York Sex Crimes Lawyer said the proposed that the conversation on the tape, that took place between he and his sister detailed his deceptive practices and is therefore critical to the defense of this woman and the custody issue at stake.

The judge ruled that the tape would have to be authenticated by official contact with the sister who gave permission for the tape to be made. A Queens Sex Crimes Lawyer said then the sister officially notifies the court that she did give permission for her brother’s wife to tape her conversation with her brother, then the court will authorize a transcript of the tape. The court further states that upon acceptance of the tape as legitimate, the sister will be made convenient to the defense for a deposition.

In this case that meant that the court ordered the wife to pay for the husband and his attorney to travel to Toronto, Canada within 30 days. Upon their arrival in Toronto, they will conduct a sworn deposition of the witness in the forum where they can ask questions while they review the transcript. It is believed that only through this process can the wiretap be fairly considered. The reason for this, is that this witness is beyond the power and jurisdiction of the courts in New York. A Nassau County Sex Crimes Lawyer said that this is in a foreign country that is beyond the legal reach of the courts of New York. That means that the only way that a deposition can be taken is if the court sends someone to the witness and not the other way around. This would have been different if the witness had lived closer. The witness would have been required to appear in the court in person to testify as to the permission that was given for the tape.

At Stephen Bilkis & Associates its Domestic Violence Lawyers, have offices throughout New York and the Metropolitan area. Do not lose Child Custody. Our Family lawyers can provide you with advice when you are faced with an opponent who lies. Without an Order of Protection Lawyer, you may not be able to protect yourself in a dangerous situation.

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