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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39137
Experience:  Retired (mostly)
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I live in Florida. My husband petitioned for dissolution of

Customer Question

I live in Florida. My husband petitioned for dissolution of marriage in December. I believe he has been recording our arguments etc using his ipod to use as evidence against me in the custody case. Can he do this?
Submitted: 7 years ago.
Category: Family Law
Expert:  socrateaser replied 7 years ago.

If you mean that your husband has been recording your live conversations, rather than over the telephone, then under 934.02 Fl.Stat., consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication.


If yes, the conversations were live, not over the telephone, then the next question is: where did these conversations take place, and were you alone with your husband at the time?


If the conversations were in your home between the two of you in private, then if the recordings were made without your knowledge or consent, then that would be a felony, and the recordings would be inadmissible as evidence in court. 934.04 Fl. Stat.


And,if the conversations were made over the phone without your knowledge or consent, then that, too, is a felony.


Hope this helps.


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