![]() If your spouse is harassing you late at night, feel free to take out your recording device and leave on the sound.ĥ) Illegal Threats. repeatedly or at an extremely inconvenient hour”. The statute prohibiting unilateral audio recordings explicitly exempts the recording of “communications. If you want to make an audio recording, the safest bet is to say “I’m recording this conversation” at the beginning of the recording.Ĥ) Harassing Communications. A communication is NOT private if a) the two of you are speaking in loud voices in public, b) you state on the audio recording that you are about to begin recording the conversation, c) you are communicating in a group setting, or d) your spouse intentionally left the audio communication on a recording device, such as an answering machine. Notably, most one-on-one communications are deemed private even if a recording device is visible. The rules prohibiting audio recording apply to “private communications” only. To determine whether one is right for you, watch Genesis Law Firm’s free video entitled Guardian ad Litem: Do I want One for My Child Custody Case?ģ) No Reasonable Expectation of Privacy. If you have an illegal audio recording of your spouse saying something relevant to your custody battle, you might consider requesting a GAL investigation. Judges usually follow GAL recommendations, and GALs often consider inadmissible evidence when formulating their custody recommendations to the court. A Guardian ad Litem (GAL) is someone appointed by the court to investigate child custody-related matters and report back to the court. Put simply, nearly all relevant video recordings are admissible as evidence in your divorce, but you might pay a steep price for the evidence if you violate commonsense rules of propriety.Ģ) Guardian ad Litem. Unreasonably monitoring your spouse could also be construed as stalking. Someone might turn around and sue you for invasion of privacy. Or if you spouse is hallucinating on meth, make a video-only recording.īut do not assume you can get away with putting a camera in places you intuitively know you should not, such as in a bathroom or changing area. If your spouse throws a tantrum in front of Walmart’s security cameras, get the footage. Arguably so are most cell-phone-video recordings if the sound is turned off. ![]() Surveillance video is usually admissible in a divorce so long as it is relevant. The primary rules banning recordings as evidence – RCW 9.73.030 and. The following are common exceptions to these rules:ġ) Video Recordings. In turn, RCW 9.73.050 bans courts from admitting these illegal recordings as evidence in criminal and civil cases, including divorces and other types of custody battles. The applicable statute – RCW 9.73.030 – makes most types of audio recordings illegal. Washington is a “two-party consent” state, meaning you need the speaker’s permission to record a private conversation. Generally no, though there are many exceptions. Darling, Divorce attorney at Genesis Law FirmĬan I use a recording of my spouse in my Washington divorce?
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