Can this be used as evidence of threats/verbal abuse?


#1

basically, about a week ago me and my (hopefully) stb-ex were arguing and i had my cell phone in my hand. i hit the voice memo button that can record a minute of a conversation and during that short time it got him talking about taking my phone out of my hands and breaking it, saying he’d break his phone as well, threatening to smash the remote control over my head, and calling me a f’ing c–t. since the convo was only between me and him, would it be possible to use that recording to help get an order against him in any way? and if so, how would i go about doing that? we’re a 1 income family, with 3 young kids. i’m currently a student and his work is very sketchy. thanks!


#2

Yes, the recording is legal and may be used in court if you decide to seek a domestic violence order of protection. If you feel that you ( or the children) are in danger of physical harm you may seek a domestic violence order of protection. The necessary forms are at the court house and an instruction packet is also available.


#3

erin,

is there a time limit with which the papers must be taken out and the recording can still be considered valid should i choose to do so? thanks!


#4

There is no time limit per se, however the longer you wait, the harder it will be to convince the court that you were actually in fear.