At Rigden Lieberman Mignogna, we often hear the question: “Can I legally record a conversation in New Jersey?” The short answer is yes—as long as you’re part of the conversation. New Jersey is a one-party consent state, which can be crucial if you’re involved in a criminal investigation or a domestic violence matter.
Whether you’re gathering evidence to protect yourself or wondering if a recording can be used in court, it’s important to understand the law—and how it can work for you.
What Is One-Party Consent?
Under New Jersey law, you can legally record a conversation as long as you are one of the participants. You don’t need to inform or get consent from the other person.
This applies to:
- In-person conversations
- Phone calls
- Electronic communications (e.g., text messages, Zoom, or voice memos)
However, you cannot record a conversation you’re not part of, such as eavesdropping on someone else’s phone call. Doing so may violate state and federal wiretap laws—and could even lead to criminal charges.
How This Impacts Criminal Defense Cases
In criminal cases, recordings can serve as valuable evidence—especially when used to show self-defense, contradict false allegations, or expose misconduct. If you recorded a conversation where a threat, confession, or key piece of information was revealed, that recording may be admissible in court.
But admissibility isn’t automatic. This is why it’s essential to have an experienced criminal defense attorney evaluate your situation.
At Rigden Lieberman Mignogna, we’ve challenged the use of recordings in criminal court. If you’re under investigation or facing charges and have a recording that may support your defense, contact us immediately to discuss your options.
One-Party Consent in Domestic Violence Cases
For individuals facing domestic violence matters, the ability to document threats or verbal harassment can be a lifeline. On the flip side, the ability to prove an alleged victim may not be telling the truth could be the difference between having a restraining order entered against you and having it dismissed. New Jersey law allows victims to legally record abusive conversations without telling the abuser, as long as the victim is part of the conversation. It also allows those accused of domestic violence to have recorded conversations and interactions.
These recordings can play a critical role in:
- Obtaining a Temporary Restraining Order (TRO)
- Supporting the request for a Final Restraining Order (FRO)
- Strengthening a case in family or criminal court
However, we always caution our clients: safety comes first. Recording may escalate an already dangerous situation. We can help you explore all legal protections available—including immediate court orders—and determine if and how recordings should be used.
What If the Conversation Crosses State Lines?
Things get more complicated if the person you’re recording is in a two-party consent state, like Pennsylvania. If a call or message crosses state lines, federal law or the other state’s laws may apply. In those cases, recording without consent could expose you to legal risk—even if you’re in New Jersey.
If you’re unsure about your situation, speak to one of our attorneys before recording. We can help you avoid potential pitfalls and protect your rights.
Why Legal Guidance Matters
At Rigden Lieberman Mignogna, we’ve helped clients use legal recordings to their advantage. But every case is different. What helps in one situation could backfire in another.
Let us assess your case confidentially and guide you through the process—whether you’re considering recording a conversation or facing legal challenges related to one.
Schedule a Confidential Consultation Today
If you’re dealing with a criminal investigation, domestic abuse, or legal dispute and wondering whether a recording can help your case, don’t guess—get legal advice you can trust.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Every legal situation is different. Please consult with an attorney regarding your specific circumstances.
