What is the distinction between 2 party consent in public or in your private residence when in Massachusetts it’s illegal to record without knowledge

Hi there Stephanie, What a crazy situation.  The father of your child absolutely broke the law by secretly recording your fight.  His conduct is a felony and you should seek the assistance of an experienced criminal attorney in seeking a cross-complaint against him. Mass. G. L. c. 272, s 99: provides that "any person who— willfully commits an interception ... of any wire or oral communication shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years, or imprisoned in a jail or house of correction for not more than two and one half years, or both so fined and given one such imprisonment." Also, the dissemination or use of the recording constitutes a separate crime (a misdemeanor) under the same statute: "any person who ... willfully discloses ... to any person the contents of any wire or oral communication, knowing that the information was obtained through interception; or ... willfully uses ... the contents of any wire or oral communication, knowing that the information was obtained through interception, shall be guilty of a misdemeanor punishable by imprisonment in a jail or a house of correction for not more than two years or by a fine of not more than five thousand dollars or both." The secret audio recording itself is categorically inadmissible in court against you. G.L. c. 272, s. 99 further provides, as here relevant, "any person who is a defendant in a criminal trial in a court of the commonwealth may move to suppress the contents of any intercepted wire or oral communication or evidence derived therefrom, for the following reasons ...  That the communication was unlawfully intercepted [or] That the evidence sought to be introduced was illegally obtained." While a silent recording may have been lawful, that the recording contained an audio feed renders it inadmissible.  That the recording was made may also call into question the admissibility of your kid's dad's testimony about the incident itself.  To the extent that he referred to or relied on the recording in any way to aid his testimony may render his testimony inadmissible.  Of course, your kid's father would also be wise to refuse to testify pursuant to his 5th amendment right against self-incrimination.     Suffice it to say, the decision to secretly record you was highly unlawful, and a skilled attorney can make use of this fact to seek dismissal of the charges against you.     Let me know if you would like to discuss further.