• 22
  • July
    2010

Actor Mel Gibson and his ex-girlfriend Oksana Grigorieva are embroiled in a high-profile and rancorous domestic violence altercation and child custody dispute that centrally features an expletive-laden and angrily delivered diatribe by Gibson in an audio tape recording made public.

What about that tape? Surely Gibson neither intended for nor wanted it to be released. Arguably, he never knew of its existence until it surfaced coast to coast and beyond.
 
Is it admissible in court? That is a fundamentally relevant question to ask, given that the type and tenor of Gibson's comments (more precisely stated, perhaps, his roars) could be extremely damaging to him in regard to child custody if the rants are admitted into evidence.

Reports indicate that Grigorieva made the tape without Gibson's knowledge and that it somehow leaked to the public despite a judicial ban against its release. Grigorieva denies releasing the tape. Gibson's attorneys have apparently filed a contempt motion alleging Grigorieva's violation of the court order.

Under California law, it is illegal to record a communication intended as private without the consent of all involved parties. If that proscription is violated, it is further disallowed to use a recorded communication as evidence in court.

That certainly seems to favor Gibson. However, there is a caveat: A recording can be made and used as evidence if it relates to a crime. In the tape heard across much of the world, Gibson - if indeed it is Gibson - overtly threatens Grigorieva with physical violence.

For understanding of how a similar circumstance might play out in Colorado, or to discuss a question or concern related to child custody, an interested person might reasonably consider contacting an experienced Colorado divorce attorney.

Related Resource: hollywoodreporter.com "Mel Gisbon Saga: When Is It Legal To Record A Conversation?" July 22, 2010