Question on the legality of voice mail recordings - VA

[durandal]

Socrateaser,

I just wanted to know if voicemail recordings made to the voicemail of my place of residence by another party outside of the home are generally admissable in court? I reside in Virginia.

If so, are there any general caveats regarding the use of these messages?

Thanks,
durandal

[socrateaser]

>Socrateaser,
>
>I just wanted to know if voicemail recordings made to the
>voicemail of my place of residence by another party outside of
>the home are generally admissable in court? I reside in
>Virginia.
>
>If so, are there any general caveats regarding the use of
>these messages?

Tell me exactly what has happened.

[durandal]

>Tell me exactly what has happened.

The mother has repeatedly left annoying phone calls on my voicemail, and had done so even prior to our daughter being born. ever since I've known her, she has been preoccupied with monitoring my wherabouts every waking moment of my day. On at least two previous occassions I have tried to file annoying ringing calls to stop the calls, but both times the magistrates' told me that there was nothing that I coud do about it unless she was making threats.

Fast forward to nine months ago, when our daughter was born. The calls continued, I think primarily because we were not living together and she is obsessed with what I'm doing any time of the day or night that I'm not at work. We were not in a relationship at this time, but she continued as if when I was not accounted for that I was essentially 'cheating' on her. This included travel time to and from work to my apartment, time when most folks would be asleep before the next day's work, and, as I mentioned, all of my waking hours (and even the asleep ones). Its obvious that she wants my full attention devoted to her - that's where this all stems from.

The messages range from polite, albeit ostensibly so, to downright evil and hateful. She has told me that I'm just a sperm donor. She has told me that she's moving away to NC, and to NY on more than one occassion. She has told me that I'll never see my daughter again, and of course, always remembered to remind me of what a 'terrible dad' and a 'worthless piece of (insert expletive)' I am. She's told me that she hopes I'm happy with the 'bit..' that I'm with, and I hope she is as good as I could be tonight - you get the picture. She has called me sober many times, she has called me drunk almost as often. She has called me at all times of the day, and at four in the morning.

Her usual drunken rant, however, starts at ten in the evening and doesn't stop until about five-or-six am. One voicemail message every ten minutes - all night - or until the system can't take any more. She has even gone to the bar, left my daughter with neighbors, or even with the neighbor's sixteen year old son, only to come back at three-thirty in the morning and - you guessed it, call me and proceed to coach her new 'friend' (she even admits its someone she just met that evening)whom she brought home with her (you can hear her coaching in the background) on how terrible I am, on how I shouldn't 'put my hands on her' (which is untrue), and how he's seen me 'around' and is watching me - a total stranger, and a stupid one at that.

When the calls stop, I have no idea whether this man goes in the room with her, but I do know that our daughter and the BM share sleeping quarters, so if she does then my daughter is in the presence of a total stranger.

Since my daughter's birth, I have been responsible in caring for, being around, and providing for the child - I have not neglected her in any way, even to the point of being there in the BM's home for three, four evenings a week. But to date, my first time ever getting to take my daughter out of the BM's home was last Saturday, and that do to a court order. Which, interestingly enough, the BM has already decided not to honor this coming Saturday due to another 'game' she's decided to play.

I have about three hours worth of recordings  and counting (she's still leaving nasty messages, but much fewer since I filed for custody). I'm in the process of transcribing them using the methods I found in your archives.

I'm terrified for my daughter's well being, that's why I'm asking if this evidence is likely admissable, because its the strongest physical proof that I have of the BM's behavior and patterns.

durandal

[socrateaser]

If the other parent knowingly left the messages on your voicemail, then there is no privacy reason why they can't be admitted as evidence, because the other parent knew that she was being recorded.

As for whether the messages are inadmissible on some other basis, that really depends on what you want to prove/disprove with any particular message.