Q: Am I allowed to video and audio record during a drop/pickup of my child If I have a restraint order placed on me?
The mother of my son has lied and made false accusations. A restraining order was implemented. We do drop off and pick up for my son and I'd like to record for my own protection. Do I have that right? The order states I cannot surveillance her but can I monitor her public social media for evidence in my case?
A: You cannot record somebody without their knowledge. If there's a restraining order, make sure you comply with it. If the other party lied about you for custody rights, you may want to file a motion to sanction the other party and seek custody modification. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Joseph Torri agrees with this answer
A: California law prohibits recording people without their knowledge. However, there could be exceptions with being in a public place and it not being candidly recorded. Consult with a family law attorney and obtain guidance. Restraining orders have a box that is generally checked for the victims that they can record. There's a reason for the box that allows a victim to record and no box for the accused. Obviously you want to protect yourself from future false allegations. The court should have ordered pick up and drop offs in a public location, such as a police station. Pictures from social media have been used in cases to prove ones innocence.
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