Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

Recently it was discovered that a previous student had

Customer Question
recorded me without my or...
Recently it was discovered that a previous student had recorded me without my or the schools consent. I am located in Virginia, the school is private. This student's mother planted a device on her child, and it was discovered after the child left our school. The mother took the "snippits" of recordings and turned it over to the parents of students who are currently in my class without my consent. I feel that my reputation as an educator is being tarnished, I have not listened to the tape, but I have been told that I am very loud and argumentative. No actual names are ***** ***** the tape. What are my rights?
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 2 years ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 1 hour by:
1/16/2016
Family Lawyer: Christopher B, Esq., Lawyer replied 2 years ago
Christopher B, Esq.
Category: Family Law
Satisfied Customers: 4,146
Experience: associate attorney
Verified

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Virginia's wiretapping law is a "one-party consent" law. Virginia makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Virginia Code § 19.2-62. Therefore, if you operate in Virginia, one may record a conversation or phone call if they are a party to the conversation or they get permission from one party to the conversation in advance.

The wiretapping law covers oral communications when the speakers have an "expectation that such communication is not subject to interception under circumstances justifying such expectations," Virginia Code § 19.2-61, But absent the speakers' justified expecation, the law does not apply. See Belmer v. Commonwealth. Therefore, you may be able to record in-person conversations occurring in a public place, such as a street or restaurant, without consent. However, you should seek the consent of one or all of the parties before recording any conversation that an ordinary person would deem private.

Violation of the Virginia law is a felony, punishable by imprisonment and fine. See Virginia Code § 18.2-10 for more details. In addition, while recording a telephone conversation with the consent of only one party is legal in Virginia, a lawyer’s recording of a telephone conversation without the consent of all parties was found to be unethical under the Virginia Rules of Professional Conduct (United States v. Smallwood).

This is a very interesting circumstance and you might have an argument that the 1 party consent law of Virginia was violated. The mother was not part of the conversation and the child is not of age to give consent. The court could decide that the mother gave consent on the part of her child to record the conversation or that the conversation was public in which there was no consent required to record. I have not seen a case like this but it is something that might go either way for a court. To answer your question, yes you might have recourse but it will hinge on whether the court finds the conversation was public (in front of the entire class probably would be) or if the child’s mother can give consent on the part of the child to the recording. I would obtain a local attorney to pursue a claim or alert the authorities to see if it is something they will prosecute.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Ask Your Own Family Law Question
Family Lawyer: Christopher B, Esq., Lawyer replied 2 years ago

Just checking back in, do you have any further questions?

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 4,146
4,146 Satisfied Customers
Experience: associate attorney

Christopher B, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
There is an audio recording of my 3 minor children arguing
There is an audio recording of my 3 minor children arguing with their father in a private home just after our divorce. My son is autistic and has very limited filter. My ex … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Virginia depositions Fairfax Circuit Court Civil Can I play
Virginia depositions Fairfax Circuit Court Civil Can I play an audio to the person being deposed and ask them to comment or confirm that it is in fact them on the recording?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am wanting to do a motion to reconsider. During the
I am wanting to do a motion to reconsider. During the hearing I tried to get audio evidence heard and was denied even after I stated in the hearing that after my son (declarent) was confronted with th… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
One of my close best friends, Have a child that is 16, He is
One of my close best friends, Have a child that is 16, He is not in school, if I google it the law says : "No, Florida Statutes § 1003.21(1)(c) requires that, once a child reaches the age of 16, that … read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
In the same ongoing case.... Can a father LEGALLY record
In the same ongoing case.... Can a father LEGALLY record conversations between his son and the biological mother of the son, without EITHER of them consenting? VERBAL conversations that is. Audio, not… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
Can a licensed private investigator use GPS tracking device
Can a licensed private investigator use GPS tracking device on a child for a child custody investigation in the State of Florida?… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
A parent in our not-for-profit school pubicised the date of
A parent in our not-for-profit school pubicised the date of birth of a child to win an argument that the child is not as young as the child's parent claimed him to be. This parent used to be the dean … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
live in colorado son has 50/50 custody of his children.they
live in colorado son has 50/50 custody of his children.they alternate each week between father & mother. One child is 14 wants to attend a high school of her choice. Dad is supporting her on that ecis… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Greetings/Good Evening,I believe my son is being bullied
Greetings/Good Evening, I believe my son is being bullied by students and being sent to detention on a daily basis on unproven accusations. My son attends the Appoquinimink School District in the Stat… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
I filed this month for custody and support for my infant daughter.
I filed this month for custody and support for my infant daughter. I filed the papers myself at the court house, without the help of an attoprney, and received a case number, but no court date. I have… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
Regarding the legality of recording as evidence in West Virginia...
Regarding the legality of recording as evidence in West Virginia... All the internet searching I did indicated that West Virginia law regarding recording was that as long as 1 party was aware it was l… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
is it illegal for a wife to plant a listening device in a childs
is it illegal for a wife to plant a listening device in a childs bag, and record what goes on in the home in indiana? Or a camera? Is it admissable in a divorce proceeding? Is it punishable?… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
My husband admitted in divorce mediation proceedings today
My husband admitted in divorce mediation proceedings today that he is tape recording my conversations with him, other conversations I have privately in the house and has video cameras recording what I… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
What are the laws on recording a conversation My husband
What are the laws on recording a conversation? My husband has a current DV-130 Restraining Order and it reads that the person protected in line 1 gets a call from the person name in the orders the per… read more
Ray
Ray
Lawyer
Doctoral Degree
33,797 satisfied customers
My daughters father and I are in a court custody battle. Tonight,
My daughters father and I are in a court custody battle. Tonight, when I was on the phone with her, I discussed some things with her. It was the truth and there was no name calling but I'm sure her fa… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
on january 15th there was a hearing regarding custody. That
on january 15th there was a hearing regarding custody. That morning in court my x wife revealed interecepted texts and calls between me and my 15 year old daughter. At the hearing due to the angry nat… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
Can private Christian high school administrators in Virginia
Can private Christian high school administrators in Virginia have student academic records arbitrary expunged because a parent complains or are there specific guidelines that require them to work thro… read more
LegalEase
LegalEase
Attorney At Law
Juris Doctor
892 satisfied customers
Can your ex spouse hire someone to video tape or take pictures
Can your ex spouse hire someone to video tape or take pictures of inside my home from a back fence or alley? I am in a custody battle and my ex has made some comments that indicate that he is having m… read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x