QUESTION

Is my sister-in-law legally allowed to video tape an exchange between myself and my mother-in-law?

Asked on Jul 18th, 2012 on Divorce - California
More details to this question:
My ex-wife was granted a TRO between herself and myself with the right to record unlawful communications between the two of us. In April of 2012, my sister-in-law hid in the bushes at the patrol station and video recorded an exchange of words between myself and my mother-in-law. My wife was not included in the exchange, but was present, in her vehicle, at the time. Is this a legal action committed by my sister-in-law?
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6 ANSWERS

It depends upon how reasonable an expectation of privacy by you in that location is. You should review all of the facts and prior orders with a family law attorney to determine how best for you to proceed.
Answered on Aug 08th, 2012 at 12:06 PM

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Criminal Defense Attorney serving Tarzana, CA at The Law Office of Anthony A. Roach
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Not if the order did not include the right to record conversations with your mother in law. You had better read the terms of the TRO very carefully.
Answered on Aug 08th, 2012 at 11:53 AM

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So long as a video recording is not being used for commercial purposes and is not being done in a place at which you have no expectation that something might be recorded (like, for example, she can't videotape you in the chair at your dentist's office, even if the room is visible from the sidewalk outside). Yeah, police stations are fair game.
Answered on Aug 08th, 2012 at 11:39 AM

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Criminal Defense Attorney serving Calabasas, CA at Law Office of Bernal P. Ojeda
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Hiding is not good and sounds not contemplated by the order. Get order that precludes recording of exchange. No one wants that.
Answered on Aug 08th, 2012 at 11:31 AM

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That sounds like a violation of illegal wire tapping.
Answered on Aug 08th, 2012 at 12:49 AM

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Civil Litigation Attorney serving San Diego, CA at Gerald W. Hokstad
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California's wiretapping law is a "two-party consent" law. California makes it a crime to record or eavesdrop on any confidential communication, including a private conversation or telephone call, without the consent of *all parties to the conversation*. See Cal. Penal Code ? 632. The statute applies to "confidential communications" i.e., conversations in which one of the parties has an objectively reasonable expectation that no one is listening in or overhearing the conversation. See Flanagan v. Flanagan, 41 P.3d 575, 576-77, 578-82 (Cal. 2002). A California appellate court has ruled that this statute applies to the use of hidden video cameras to record conversations as well. See California v. Gibbons, 215 Cal. App. 3d 1204 (Cal Ct. App. 1989).
Answered on Aug 08th, 2012 at 12:06 AM

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