I am being accused of elderly abuse, and physical harm by 65 yr old new roommate to which is all lie

[redhead06787]

Jurisdiction

Maine

Hi, I just got served a protection from abuse orderr last week and had to leave house where I and this old woman rent rooms in a house. She moved in 5wks ago and is claiming that on 3 different occasions I choked her, shoved her, threatened her with a knife and that I was going to poison her food if she didn't move out. She has also made allegations that I am drug dealer, drug trafficking via fed ex from my 77yr old mother, as well as running prostitution biz, that my lesbian friend is my lover and drug runner, that I am a felon fleeing CA felony (probation violation warrant is only true fact in paperwork) and she has also served other guy roommate that's already moved out with list of lies against him also to which NONE OF THIS EVER HAPPENED!!! what I need to know is she was recording us inside house and any conversations we had WITHOUT OUR KNOWLEDGE!! #1) Are these tapes admissible even though WE NEVER SAID ANYTHING ABOUT IT HARMING HER OR ANYTHING LIKE THAT, is this legal for her to do? #2) Once we step into courtroom all she has is her saying we did these things there aren't any witnesses to any of this nor did we do any of it, so she's saying she is in fear for her safety and this is elderly abuse BUT WE DID NOTHING TO HER what is best way to disprove this? My landlord is not getting involved nor does he want to evict me but since he wouldn't evict me she has now made these allegations against me what do I do?

I need to know if this is not only legal for her to do without our consent or knowledge of this going on? And is it admissible in a court of law to attempt using these taped conversations to use in case she has initiated on protection from abuse order now filed against us but we DIDNT SAY ANYTHING AS FAR AS THREATS TOWARDS HER NOR HAVE WE DONE ANYTHING SHE IS CLAIMING? I also have audio recording of house meeting where she verbally attacks him n I both without being provoked at all, are these audio tapes useable or not? PLEASE NEED ANSWERS BEFORE FEB 1ST, 2016!!!!!

 

[army judge]

Maine is a one party consent state.

Maine law bars the interception, recording and or disclosure of any oral or telephonic communication by the means of an electronic recording device without the consent of at least one party or if they are a party to said communication.

Maine Rev. Stat. Ann. tit. 15, § 710

Your roomie wasn't barred bylaw from recording events around her or him.

The trial judge decides if the recording is admissible, generally after the attorneys (or adversarial parties) have argued before the judge.

Based upon your recitation of events, I see no reason why the tapes wouldn't be admitted.

Your tapes, if your recitation of events is accurate, should also be admitted.

Whether the tapes are useful to proving your cases, only the presiding judge can make that call.

 

[army judge]

The probation warrant will be your undoing.
You are legally an absconder from California.
You might not walk out of court when you appear.
Your detention won't be related to this nonsense.
Good luck.

 

[adjusterjack]

what I need to know is she was recording us inside house and any conversations we had WITHOUT OUR KNOWLEDGE!! #1) Are these tapes admissible even though WE NEVER SAID ANYTHING ABOUT IT HARMING HER OR ANYTHING LIKE THAT, is this legal for her to do?

Maine makes that a little difficult to answer. All of the guides you'll find on the internet say that Maine is a one party consent state and refers to Title 15 Section 710 and 712 but if you actually read those statutes, they appear to say just the opposite:

2013 Maine Revised Statutes :: TITLE 15: COURT PROCEDURE -- CRIMINAL :: Chapter 102: INTERCEPTION OF WIRE AND ORAL COMMUNICATIONS :: 15 §710. :: Offenses

2013 Maine Revised Statutes :: TITLE 15: COURT PROCEDURE -- CRIMINAL :: Chapter 102: INTERCEPTION OF WIRE AND ORAL COMMUNICATIONS :: 15 §712. :: Exceptions

Maine also has a privacy statute which prohibits recording in "private places."

2013 Maine Revised Statutes :: TITLE 17-A: MAINE CRIMINAL CODE :: Chapter 21: OFFENSES AGAINST PUBLIC ORDER :: 17-A §511. :: Violation of privacy

Frankly, I don't know if any of that will help you as the lunatic already has had you served. If you have a hearing about the order I suggest you get the other ex-roommate to go do court with you and testify on your behalf.