Compassionate and Caring Representation

Can audio recordings be used as evidence in civil cases in North Carolina?

by | Mar 6, 2024 | Firm News

Audio recordings can be some of the best evidence in family law cases in North Carolina. When it comes down to a he said she said an audio recording clearly reveals the truth. A good audio can create that “gotcha” moment and can completely turn a case around especially when dealing with issues such as domestic abuse or mental health.

Not all states permit audio recordings without both parties consent. You need to check your specific state laws before recording your spouse. North Carolina allows audio recordings and they can be used as a form of evidence. North Carolina is what is called a one-party state which means that so long as one party consents to the recording and the party recording is present during the recording the recording can be made.

Recording your spouse can be challenging at times especially when there are issues of abuse or mental health instability. The most common method is use of a cell phone as there are many apps that can be downloaded onto your phone. However, trying to push buttons on your phone to capture a recording can be tricky and put the recorder at risk.

There are other devices that can be purchased online that do not look like recording devices and only record when there is noise in the background. These devices can be easier to use when you’re worried about getting caught. However, you need to be sure to keep these devices on your person all times because it is illegal to leave those devices and record another person without their consent if you are not also in the room. There may be issues with your spouse trying to have the audios prevented from being used in court if they are illegally obtained.

Additional information on recording another person can be found through the North Carolina wiretapping statutes as well as Federal wiretapping statutes. It’s always best to seek the advice of an attorney if you have questions, however, at this time so long as you have the recording device on you when the recording is being made it is completely legal and likely to benefit your case.