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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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me and my sister had an argument the other day over the phone it got a little heated bu

Customer Question

Hi me and my sister had an argument the other day over the phone it got a little heated but she called the police later saying she had recorded the call... can she get away with doing this? We all say things out of the heat of the moment right...
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
What did you actually say - did you make any threats of violence or just shout at each other?
Kind regards
AJ
Customer: replied 1 year ago.

There was shouting from both sides. I called her a thick shit and that if anybody was to harm or hurt my children i would break thier legs or kill them. She was also abusive telling me to piss off and that she was going to "make sure i paid for speaking to her this way" and that she was going to "teach me a lesson"

This was all over my children visiting their grandmother and she didnt want my 2 kids their as they were my children and not from hwr other 2 sisters.so she would purposely say things to hurt my kids feelings in front of them such as "oh if it wasnt for their mother" which let me to explode on the phone to her.

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Technically speaking you should not record someone without their consent where they have a reasonable expectation of privacy. This includes on a private phone call. That said there really is no one to police this, you can insist that your sister delivers up the recording, but forcing her to do so would be highly problematic.
What you can expect and would be able to sue her for is how she deals with that recording. As it was clearly a private conversation she should not really be disclosing this to any third parties (save for below). If she starts posting it on social media and using the recording to embarrass or defame you, you would have much easier time forcing her to destroy the video or suing her for breach of privacy.
As far as the police go she is entitled to give them this as evidence of a crime. However the crime she is potentially accusing you of is assault or harassment. From what you have said you have made unspecified threats in relation to an unspecified person harming your children - not only were you clearly provoked, but your supposed victim is nameless at this stage. Unless you actually threatened violence directly to your sibling, it seems unlikely you would be charged.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 1 year ago.

I said i would do this to her and anyone that hurt my children i think?? It was all in the heat of the moment but she made a point of sending a msg the next day through my mother that she would make me pay for saying this and also as my mum was telling me over the phone she re stated it herself again over the phone and told me to piss off....

Expert:  Alex J. replied 1 year ago.
Hi
Thank you.
Did she make direct threats against your children?
Kind regards
AJ
Customer: replied 1 year ago.

No she didnt. She would make remarks in thier presence such as "its their mothers fault" and say that she wouldnt argue with my mother infront of other nieces but would in front of my boys because of "their mother" and her not wanting anything to do with me or my children.she even said to me that her other two sisters dont want my children around in my mothers house.my mother and i have been very upset by this and im sure all the arguing she does with my mother has upset my children too which is why i blew off steam in the first place.my children only went to stay with my mother because it was half term holidays and both mum and boys were looking forward to it....

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
All I can suggest you do is if the police contact you, just co operate.
You have the following in your favour:
(i) There is a recording of the call - therefore your sister cannot make up facts;
(ii) The recording proves you were under provocation as your children were mentioned.
(iii) No specific threats were made against any one individual.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 1 year ago.

Unfortunately she only recorded me and not what she was saying to wind me up in the first place.

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Ultimately the recording still will show that you did not make threats directly against her.
Further more the police will ask why she did not record her part of the conversation.
As I explained all you can do is be co operative and open and explain the provocation you experienced.
Kind regards
AJ

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