In today\u2019s society, the temptation is to take photos and videos of everything and then post on social media to share your experiences with a broad audience. When it comes to parties involved in divorce, that temptation to record things is strong\u2014especially in a custody dispute where emotions run high and trust is low. People often feel that having \u201cevidence\u201d is best. So, they install cameras outside (or even inside) their homes and pull out their phones and start recording all interactions with the other party. And sometimes, people secretly record their spouse during an argument.<\/p>\n
Before you do that, take a breath. In Massachusetts, recording your spouse\u2014particularly audio\u2014can land you in serious trouble if you\u2019re not careful.<\/p>\n
Massachusetts has one of the strictest wiretap laws in the country. Wiretap laws prohibit the unauthorized, intentional interception, use, or disclosure of oral, wire, and electronic communications. Secretly recording someone\u2019s statements without their knowledge can be a crime. In Massachusetts, an audio recording is considered \u201csecret\u201d unless the person being recorded has actual knowledge<\/em> of it. That means if you slip your phone into your pocket and capture audio without making it obvious, you have crossed a line.<\/p>\n On the other hand, open audio recording is generally permitted. If the device is in plain view and it\u2019s clear that recording is happening, that can make all the difference. Courts have recognized that when a camera or phone is visibly recording, and the circumstances make it obvious, a person may be found to have actual knowledge. Still, \u201cprobably okay\u201d is not the same as \u201crisk-free.\u201d Before you record audio, talk to your lawyer.<\/p>\n Then there is the question of video. Video-only recordings are permissible without actual knowledge, though not in places where a person has an expectation of privacy. The question then becomes; can those videos be utilized in court?<\/p>\n In general, video footage can be admitted at trial if three basic requirements are met: it must be relevant, it must fairly and accurately represent what it claims to show, and it must not be barred by some exclusionary rule. A judge has broad discretion in deciding whether to admit videos. Authentication is usually straightforward\u2014someone with firsthand knowledge can testify that the video is a fair and accurate depiction of what happened.<\/p>\n In other words, if you were there and can honestly say, \u201cYes, this is exactly what occurred,\u201d that may be enough to get the video in.<\/p>\n But admissible doesn\u2019t always mean advisable.<\/p>\n Take caution if you are considering recording during parenting exchanges. Even if it\u2019s legal, it can look terrible. Judges are focused on the best interests of the child. A parent who turns every drop-off into a filmed event can come across as escalating conflict rather than reducing it. If your goal is to show that the other parent is behaving unreasonably, but the video shows you holding a cell phone inches from their face, the strategy may backfire.<\/p>\n And here\u2019s the reality check: you should assume you are being recorded, too.<\/p>\n Doorbell cameras, security systems, cell phones\u2014video and audio recording are everywhere. Any time you\u2019re in a public place or approaching someone\u2019s home, you should act as though a camera is running. Because it likely is. We are all familiar with the phrase that ends with \u201c\u2026can and will be used against you in a court of law.\u201d If you are outside your co-parent\u2019s house behaving badly, the video of your behavior caught on the doorbell camera can really hurt your case.<\/p>\n The bottom line? Recording can be a powerful tool\u2014but also a dangerous one. Before you press \u201crecord,\u201d make sure you understand both the legal risks and the courtroom optics.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" In today’s society, the temptation is to take photos and videos of everything and then post on social media to share your experiences with a broad audience. When it comes to parties involved in divorce, that temptation to record things is strong—especially in a custody dispute where emotions run high…<\/p>\n","protected":false},"author":1,"featured_media":165,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","_links_to":"","_links_to_target":""},"categories":[3],"tags":[4,234,235],"class_list":["post-164","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-divorce","tag-custody-dispute","tag-recording-your-spouse","tag-wiretap-laws"],"acf":[],"yoast_head":"\n