Message from @Dan da Dad

Discord ID: 523264938245095425


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

2018-12-14 22:32:17 UTC  

i did a dna test to prove it

2018-12-14 22:32:22 UTC  

Adultery is difficult to prove. All of my consultations say that. I have confessions recorded. I was hoping to have the past few months of messages disclosed in discovery, but this has taken so long that the oldest messages I can get won't help

2018-12-14 22:33:02 UTC  

Verizon, with a court order, can produce all the content of text messages (and a few other details of other programs like WhatsApp) for three billing cycles

2018-12-14 22:34:11 UTC  

There's a program that can tap into her phone and update you on her activity (hiiiiiiiiiiighly suspect as admissible), but they sell it as something you can use to track problem children, not spy on wife

2018-12-14 22:34:20 UTC  

$80

2018-12-14 22:35:20 UTC  

na i cant do that, she moved to fl while i was deployed

2018-12-14 22:35:51 UTC  

Was there any Order in place?