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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111442
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Is it legal to record or video someone without them knowing

Resolved Question:

Is it legal to record or video someone without them knowing it and use it against them in court?? I am going through a separation and a child is involved so I am going to court with him for childsupport but not sure if he is allowed to use a video or recording of me yelling at the kids for just the simplest thing about getting to bed. Not hitting them or harming them whats so ever just yelling. Also he has a record of drinking and driving and has lost his liscence twice now. Can I use that against him so I can have my child more than him?? Please let me know as soon as possible so I can figure out what I can do.
Submitted: 7 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 7 years ago.
While only the consent of one party is needed for making audio recordings, as far as the video recordings the issue becomes the expectation of privacy in the place where the video was shot. If the video was taking where he had a lawful right to be, then the audio/video recording can be used as evidence in the court. If he had no right to be there then you would seek to surpress it based upon an invasion of privacy. His prior drinking and driving could be grounds for supervised visitation at the least and you can raise that issue with the court for their consideration.


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