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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36984
Experience:  30 years in civil, probate, real estate, elder law
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Is it legal if I audio record what happens inside my own

Customer Question

Is it legal if I audio record what happens inside my own home without other parties consent?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Yes, looking for another opinion
JA: What advice did they give you?
Customer: They said I would have to prove that I told the other people they were being recorded
JA: Please give me a bit more information, so we can help you best.
Customer: Such as?
JA: Is there anything else important you think the Lawyer should know?
Customer: I recorded my now ex wife during the divorce inside my home that we both owned to show the court how she treated my kids when I was at work compared to how I treated them. It clearly shows what I'm trying to prove, but the attorney says it was illegal unless I could provide the conversation notifying her that she was being recorded.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Ohio
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Legal
Expert:  Ray replied 5 months ago.

Hi and welcome to JA. Ray here to help you tonight.

You can tape people in your own home.Ohio's wiretapping law is a "one-party consent" law. Ohio law makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Ohio Rev. Code § 2933.52.Thus, if you operate in Ohio, you may record a conversation or phonecall if you are a party to the conversation or you get permission fromone party to the conversation in advance. That said, if you intend torecord conversations involving people located in more than one state,you should play it safe and get the consent of all parties.

So only you need to know that there is taping in your home and consent to it.The other parties here need not consent to taping under Ohio law.The second party need not consent.

I appreciate the chance to help you tonight.Thanks again.

http://www.dmlp.org/legal-guide/ohio/ohio-recording-law

Expert:  Ray replied 5 months ago.

Please let me know if you have more follow up.If you can positive rate here it is always much appreciated.