Is it legal for my husband’s lawyer to overhear my phone calls and subpoena the other party for a custody trial?
I found out my husband said his lawyer could overhear phone calls and use it against me in court by getting a subpoena for the person on the other line for a custody trial. How is that legal?
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Typically, anyone can be called as a witness in a custody trial, and they can be subpoenaed—meaning they are court-ordered to testify if their testimony will be relevant to the case.
However, I don’t understand how he would be able to record your conversations with another party unless your phone is being monitored illegally without your permission. If you have concerns about that, then you should have your phone checked out by a cybersecurity professional.
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I found out my husband said his lawyer could overhear phone calls and use it against me in court by getting a subpoena for the person on the other line for a custody trial. How is that legal?
Henry
Hey there! Welcome to AskaLawyer. I'm Henry, an attorney with many years of experience.
I’m sorry that you are going through this.
Henry
Typically, anyone can be called as a witness in a custody trial, and they can be subpoenaed—meaning they are court-ordered to testify if their testimony will be relevant to the case.
However, I don’t understand how he would be able to record your conversations with another party unless your phone is being monitored illegally without your permission. If you have concerns about that, then you should have your phone checked out by a cybersecurity professional.
Henry
For clarification, who was the other person on the call?
I don't know... not sure. I guess a family member.
Would either of us have to legally be notified the call was being monitored or recorded?
I just know it is something he talked about with his lawyer.
Henry
But I don't know how his lawyer would be listening to calls.
Henry
It’s possible he recorded them and played them back for his attorney.
How did he record calls I made to others?
Henry
I was referring to calls between you and your husband.
No, the attorney was going to have other calls recorded somehow.
Henry
I don’t know how the attorney would be able to record other people’s calls.
Are these people you are talking to or your husband is talking to?
People I would be talking to.
And then he would subpoena if he heard something he wanted to question—unless he meant on our son's phone… like being able to monitor his calls and the actual phone conversations.
Henry
That’s what I’m saying. I'd recommend having your phone checked out by a cybersecurity professional.
Okay, thank you.
Henry
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