Message from @Night Terror

Discord ID: 523263837978230784


2018-12-13 14:00:56 UTC  

It is what it is. I have to deal with the emotional aspect and the legal aspect separately. In terms of the office, they call him the Public Pretender.

2018-12-13 14:00:58 UTC  

And you can't be charged with slander for putting something through the courts, that would only be for you saying something on a public forum which can be demonstrably false, I think

2018-12-13 14:01:36 UTC  

I believe so as well. It would have to be in a way that would damage or discredit a person and cause damage.

2018-12-13 14:09:05 UTC  

I'll hope for ya that you hear good news at the meeting, mate

2018-12-14 13:00:14 UTC  

[(Messed) Up Date]:
Last we left off, she had found the device. She confronted me about it, where I stated I am allowed to record in my own house, and that I did have damning information. The next morning, she had me arrested for eavesdropping, which is a felony. I went into jail 10AM Tuesday, booked and set a hearing date, and I bailed out 10PM Wednesday. I have an order not to go near her or return to the house.

**New bit of news,** our checks came in last night. Hers is direct to her new personal account, and we have a joint account that our mutual bills come out of, where my checks still get directed. Post-filing, we have emails stating that our money is our own and our bills are our own, and we only transfer to square up. She currently owes me money from previous bills that have come out, and then **she transferred $500 out to her new account**, which violates this agreement. **She stole $500** which § 16-8-12 states is the minimum required for *Felony* Theft by Taking.
My parents are pooling for a good lawyer.

2018-12-14 13:17:56 UTC  

So my question i guess it sort the same. I have cameras in my house to see who comes and goes . Since i separated from my wife she stay in another room but i also placed a camera in my room to see when she comes and goes. That being said while im away i can hear her yell and threating our kids. I have an attorney and bought it up. They told me i cant use it and it’s illegal but the recording would show what kind of mother she is .

2018-12-14 13:49:44 UTC  

Two things, that I will share from my perspective that may get you started on where to look: In our state, it is a one-party consent state. If one party (i.e. ME) consents to the recording, it is admissable.

2018-12-14 13:51:11 UTC  

As for the Eavesdropping charge: if there is a reasonable expectation of privacy, and no party is aware of the recording, that is the basis for the invasion of privacy. There are a couple of trumps - PARENTAL CONCERN trumps expectation of privacy. Let me find our statute...

2018-12-14 13:52:09 UTC  

O.C.G.A. 16-11-62

It shall be unlawful for:

(1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place;

(2) Any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful:

2018-12-14 13:52:50 UTC  

Yo, @InsaneCaterpilla you should either sticky that link you made, or make a locked channel solely for divorce resources

2018-12-14 13:53:32 UTC  

(B) For an owner or occupier of real property to use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are on the property or an approach thereto in areas where there is no reasonable expectation of privacy; or

(C) To use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are within the curtilage of the residence of the person using such device. A photograph, videotape, or record made in accordance with this subparagraph, or a copy thereof, may be disclosed by such resident to the district attorney or a law enforcement officer and shall be admissible in a judicial proceeding, without the consent of any person observed, photographed, or recorded;

2018-12-14 13:54:47 UTC  

@Dan da Dad I don't think I should, mate, because it's going to differ between states and I dont want to give out inaccurate information which could harm people

2018-12-14 13:56:27 UTC  

I understand that, and the first sticky to that channel should include such provisions (we are not lawyers, and even of we are, this is not legal advice, etc...) because as a place to share stories, we also give each other starting points for where to look for our own specific cases. Just thought I'd bring it up

2018-12-14 14:01:01 UTC  

Your link has been very helpful for starting points for my own searches, for example, even with my new charge. It gives me things to bring to my lawyer so we both start off more evenly in our discussions

2018-12-14 14:04:41 UTC  

Mmm, okies mate, I'll definitely bring up the idea with menarehuman regarding adding a separate channel for divorce resources, I guess we could try and add guidelines for different states, let us know if you find any other useful infos in your search ^^

2018-12-14 14:06:23 UTC  

Will do! This is one of my go-to places for what's going on with my case. Even just the support is a tremendous relief

2018-12-14 19:33:24 UTC  

so im in GA and its was hiding in my room and the way she spoke to my kids is very wrong my lawyer told me not to use

2018-12-14 22:22:05 UTC  

I'm in GA, too! Let me see if I can find what I saw...

2018-12-14 22:22:42 UTC  

(2) Any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful:

(B) For an owner or occupier of real property to use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are on the property or an approach thereto in areas where there is no reasonable expectation of privacy; or

2018-12-14 22:23:12 UTC  

In other words, you are protected (1) unless you are committing a crime

2018-12-14 22:23:40 UTC  

but it was not in the same room , you could over hear her

2018-12-14 22:24:38 UTC  

Your lawyer may be differentiating between legally abusive language and what a reasonable person may consider wrong, but not necessarily illegal

2018-12-14 22:25:09 UTC  

(C) To use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are within the curtilage of the residence of the person using such device. A photograph, videotape, or record made in accordance with this subparagraph, or a copy thereof, may be disclosed by such resident to the district attorney or a law enforcement officer and shall be admissible in a judicial proceeding, without the consent of any person observed, photographed, or recorded;

You may ask your lawyer if you need to bring this to the DA or CPS directly

2018-12-14 22:26:27 UTC  

ok im going to copy and paste it to her .

2018-12-14 22:26:43 UTC  

I wold not share with her your evidence yet

2018-12-14 22:27:36 UTC  

i havent i know i bought it to hear what i heard and she told me i cant tell the court but its one thing to actually have it

2018-12-14 22:28:03 UTC  

What exactly are you lawyered up for?

2018-12-14 22:28:16 UTC  

Divorce? Suspicion of abuse? A different case?

2018-12-14 22:28:21 UTC  

divorce

2018-12-14 22:28:26 UTC  

Ah, same here bro

2018-12-14 22:28:46 UTC  

I am seeking an aggressive lawyer to fight this Eavesdrop charge

2018-12-14 22:29:22 UTC  

(B) For an owner or occupier of real property to use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are on the property or an approach thereto in areas where there is no reasonable expectation of privacy;

- Since adultery is a crime, and I am the owner/occupier of the property, I have the right to record while on my premises

2018-12-14 22:29:49 UTC  

it crazy how much they charge

2018-12-14 22:30:01 UTC  

The retainer for the one I want is over 7k

2018-12-14 22:30:17 UTC  

and yes she did have another guy over as well

2018-12-14 22:30:28 UTC  

i spend 12k

2018-12-14 22:31:10 UTC  

Jeeebus! So here's what you gotta ask your lawyer: with the evidence you have, can you prove an At-Fault Divorce? If he/she is confident you can, than it impacts everything else

2018-12-14 22:31:22 UTC  

Alimony, Custody, Property Division

2018-12-14 22:31:52 UTC  

yes i have snap chat message

2018-12-14 22:32:03 UTC  

and i also have two other kids that arent mines