I know CA law makes it clear it is illegal to record without telling all parties involved in the conversation....does this apply even to repeated death threats against me?
There appears to be just such an exception in the CA Penal Code:
- 633.5. Nothing in Section 631, 632, 632.5, 632.6, or 632.7
prohibits one party to a confidential communication from recording
the communication for the purpose of obtaining evidence reasonably
believed to relate to the commission by another party to the
communication of the crime of extortion, kidnapping, bribery, any
felony involving violence against the person, or a violation of
Section 653m. Nothing in Section 631, 632, 632.5, 632.6, or 632.7
renders any evidence so obtained inadmissible in a prosecution for
extortion, kidnapping, bribery, any felony involving violence against
the person, a violation of Section 653m, or any crime in connection
Just make sure you read the rest of the sections, as well:
Before you admit to the authorities that you have the tape, I suggest that you find out if the authorities will even take the threats seriously in the first place.
I've threatened to kill my kids on a number of occasions. So has every other parent that ever lived.
By the way, you can't win a lawsuit for something that hasn't happened. But you can take out a restraining order or order of protection against your stepmother if you are threatened with, or are a victim of, domestic violence or abuse. Verbal and emotional abuse qualifies.