My wife recorder us on her phone having sex in our bedroom. Can she do this? Can she audio record us do this or is it a privacy thing she violated? Plus can she use this on TRO court hearing as evidence? Pleaese help me out here.
Under s. 968.31 and 968.27, it is not necessarily illegal for an individual who is a party to or has consent from a party of an in person or electronic communication to record and or disclose the content of said communication, unless the person is doing so for the purpose of committing a tortious or criminal act.
Under s. 885.365 (1), evidence obtained as the result of the recording a communication is "totally inadmissible" in civil cases, except where the party is informed that the conversation is being recorded and that evidence from said recording may be used in a court of law.
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