Is it legal to record in my state & spyware facts / resources

CAN YOU RECORD YOUR PARTNER

During a high conflict divorce, there may be a time where your soon-to-be-ex is ranting or threatening you and recording them can come in handy. Not all recordings are going to be admissible in court so ask your lawyer for advice. If your ex is stalking you or harassing you at the child pick up it may help to show the courts exactly what you are dealing with by picking up your phone and recording them. Please note that it is NOT ok to record in some states and you could be getting yourself into trouble if you attempt to use the recordings for anything legal.

If it is legal in your state and you feel that your partner is acting like a madman/woman recording could be a good validation tool. If you are in-person put an app on your phone that can record, turn on the recording device and capture them. If they threaten you this can be brought to the police to aid in getting a restraining order. Remember only if your state allows recording.

Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. This is called a “one-party consent” law. Under a one-party consent law, you can record a phone call or conversation so long as you are a party to the conversation. Furthermore, if you are not a party to the conversation, a “one-party consent” law will allow you to record the conversation or phone call so long as your source consents and has full knowledge that the communication will be recorded.

In addition to federal law, thirty-eight states and the District of Columbia have adopted “one-party consent” laws and permit individuals to record phone calls and conversations to which they are a party or when one party to the communication consents.

Legal to record in these states

Alabama
Alaska
Arizona
Arkansas
Colorado
Delaware
Georgia
Hawaii
Idaho
Indiana
Iowa
Kansas
Kentucky
Louisiana

Maine
Michigan
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Jersey
New Mexico
New York
North Carolina
Ohio
Oklahoma

Oregon
Rhode Island
South Carolina
North Dakota
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming

When do you need to get permission from everyone involved before recording?

Eleven states require the consent of every party to a phone call or conversation in order to make the recording lawful.

Two-party consent laws have been adopted in the following states

This means you must have permission to record in the following states

  • California
  • Connecticut
  • Florida
  • Illinois
  • Maryland
  • Massachusetts
  • Montana
  • New Hampshire
  • Pennsylvania
  • Washington

EXCEPTIONS TO RECORDING LAWS

  • Illinois’ two-party consent statute was held unconstitutional in 2014
  • Hawai’i is, in general, a one-party state, but requires two-party consent if the recording device is installed in a private place
  • Massachusetts bans “secret” recordings rather than requiring explicit consent from all parties
  • Although they are referred to as “two-party consent” laws, consent must be obtained from every party to a phone call or conversation if it involves more than two people.

WANT TO DISCREETLY RECORD CONVERSATIONS?

Check this out! I’ve used this pen myself and it works great!

 

SPYWARE? ARE THEY SPYING ON ME?

Narcissist’s will use any tactic to get ahead including using spyware on your phone or computer without your knowledge. Apps, cameras, microphones and other spy gadgets are extremely accessible now and narcissist’s are known to use them to their advantage. Learn here about others experiences and what resources are available.

Spyware Articles & Support Resources

SourceResource NameLink
BBCHow to spot the software that could be spying on youclick here
Computer WeeklyUse of spyware apps linked to domestic abuse soars in lockdownclick here
Electronic Privacy Information CenterDomestic Violence and Privacyclick here
Luke's PlaceHow does he know where I am? Spyware and woman abuseclick here
MIT Technology ReviewHow “stalkerware” apps are letting abusive partners spy on their victimsclick here
NY TimesDomestic Abusers Can Control Your Devices. Here’s How to Fight Back.click here
Rosen Law FirmStop the Abuse: Being Safe with Technology Around Snooping Spouses
click here
Stalking Resource CenterThe FTC Response to Technology Misuse and Abuse Webinar Recordingclick here
Stalking Resource CenterOverview of and Considerations in Federal Stalking Cases Webinar Recordingclick here
Tech SafetySpyware/ Stalkerware Overview click here
Tech SafetyEvidence Collection Tips for Civil Attorneysclick here
The GuardianSpyware and smartphones: how abusive men track their partners
click here
WCNCProtect yourself from abuse: Remove 'Stalkerware' from your phone nowclick here
WebMDThe New Domestic Violence: Technology Abuse
click here
Women's AidOnline and digital abuseclick here
Women's Law (National Network To End Domestic Violence)Abuse Using Technologyclick here
VoxHow domestic abusers use smartphones to spy on their partners
click here
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