Do Not Orally Record Your Spouse During Your Divorce
- August 16, 2017
- ontarget
- Blog, Divorce
- 0 Comments
Do Not Orally Record Your Spouse During Your Divorce. This applies to Orlando, Florida paternity actions, and Orlando, Florida custody actions too.
You may think you are clever, by orally recording your spouse during an Orlando Divorce. You may think you are going to use it against your spouse. You are wrong. Think again. Think good and hard before you act. That is not something you want to do. It may be a third-degree felony. You will definitely be in hot water. Your spouse’s attorney will move to preserve the tape from spoliation, and then your spouse’s attorney will do a request for you to produce the tape. You will not be able to erase, destroy, or destruct the recording. You will have to turn the recording over to your spouse’s attorney. That same recording may be used in court to show you acted improperly.
It is against the law to orally tape someone without their permission. That is why when you are on the line with the credit card company or a store, they advise you that you are being taped for quality control. This notice applies when you have a reasonable expectation of privacy. You cannot orally record someone without their permission.
However, if you are on a public bus, a plane, at the mall, or at an amusement park, then there is no expectation of privacy in such a public place. However, if you are in your home or your car, then there is a reasonable expectation of privacy.
There is definitely a reasonable expectation of privacy when you are on the telephone. However, there is no reasonable expectation of privacy if you leave a voice mail on a telephone. You know you are being recorded and that may be used against you in court if it is relevant to the issues in your case.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.