Message from @Dan da Dad

Discord ID: 522771339757617163


2018-12-11 09:00:20 UTC  

Sounds like my spouse

2018-12-12 12:57:06 UTC  

@Dan da Dad @RandyLahey That sounds like some really shitty stuff. Let me know if you are up for writing about it at all.

2018-12-12 23:21:39 UTC  

@Men Are Human Maybe, probably after this mistake falls over

2018-12-13 04:31:21 UTC  

I'm going to have plenty of time over the weekend to talk and do an AMA here. I just got released from jail two hours ago

2018-12-13 04:32:15 UTC  

Y'all wanna talk about mistakes? Lads, get ready for a tale. For now, I'm going to sleep. I think Discord has been reestablished in my work computers so I can chime in throughout the day tomorrow.

2018-12-13 06:05:52 UTC  

0_o

2018-12-13 06:06:19 UTC  

Sounds like the kind of thing that would be great to post on /r/mensrights if its about false arrest stuff

2018-12-13 13:07:31 UTC  

How about I try here first. There's a lot to the story

2018-12-13 13:09:32 UTC  

Two nights ago, my stbxw found a recording device in our room. I have been sleeping in a converted guestroom for several weeks, but the room in question is mine as well
We are going through a divorce since October, but I've found out little by little that she had cheated on me, and details about the timetable and activities have been hard to obtain
She found the recording device Monday. Tuesday at 10AM I was picked up for invasion of privacy. I was booked at 6PM. I was then brought to a cell in D block at 2AM Wednesday morning.
I was seen by a judge to set bail, a hearing date, and be clear of the charge, which was "Eavesdropping." This is a felony.
From 10am Tuesday to 10PM last night, I have been in shirt, sandals, and pants. Very thin. No underwear. A plastic mat and pillow. A not-quite-so-large wool blanket.

2018-12-13 13:19:52 UTC  

If its in a house you jointly own then wouldn't that be an exemption under the law? If it's not then couldn't a security camera catching a burgler in your home saying something to his accomplice cause you to be arrested

2018-12-13 13:21:05 UTC  

I felt the same. Like a nanny cam is legal, right? Also, it wasn't video in a bathroom, it is audio in my own bedroom.

2018-12-13 13:21:53 UTC  

That will be my defense, and I do have a preliminary hearing set up, hoping to talk to the Public Defender about this, but this was all yesterday, so I'm just now out, at work, and making a plan

2018-12-13 13:24:33 UTC  

Hmm yea, that's best. is it the states you are in? I had a little look and it seems like exemptions/laws differ slightly state to state

2018-12-13 13:26:19 UTC  

In GA, it falls under invasion of privacy/eavesdropping, and lists several aggravating circumstances. She is using the "reasonable expectation of privacy," which I get if she weren't an adultress. What I need to do is look up what rights I have in m own home.

2018-12-13 13:32:00 UTC  

You've probably seen this but this came up, though the language can be a little hard to follow

2018-12-13 13:41:59 UTC  

My friend, this is gold!

2018-12-13 13:42:04 UTC  

or at least Reddit Silver!

2018-12-13 13:42:51 UTC  

I'm glad it helps mate

2018-12-13 13:46:30 UTC  

It does! I want to be as prepared as possible for my PD meeting.

2018-12-13 13:46:40 UTC  

Have not heard good things about our office here

2018-12-13 13:47:18 UTC  

Oof, what kind of things did you hear?

2018-12-13 13:53:16 UTC  

Timetables, activities

2018-12-13 13:54:28 UTC  

At one point, she would only confess to oral and digital penetration, and also "cited" GA Divorce Law that Adultery can only be enacted if PIV intercourse can be proven, so obviously she never admitted to that. I always suspected.

2018-12-13 13:55:40 UTC  

She also stated I could be held liable for slander if I attempted to divorce her under adultery and could not prove it

2018-12-13 13:56:31 UTC  

Well, now I have recording of her saying "I remember the first time, you were so shy and nervous and awkward." And he replied "And then we had sex in the car."

2018-12-13 13:59:37 UTC  

Ah, I meant about the PD office ^^;

Those things are either great or horrible to hear, depending how you currently feel about things...

2018-12-13 14:00:02 UTC  

Perhaps both

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