Stockton, CA asked in Securities Law for California

Q: Can you get sued for using a video you recorded in your house as evidence because the person did not consent to it?

My girlfriend wants to know if she could possibly get sued. She is currently in the process of getting a restraining order against her brother so she’s gathering all of her evidence. Part of the evidence she wants to use is a video she recorded in their home in which the two of them were arguing and he spat on her. She is worried that if she were to use this video, if there a possibility her brother can sue for because he did not consent to the recording? (Was not secretly recording he saw fully aware she was recording and still spat).

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: Your girlfriend needs to ask her own questions. The substance of this question is whether the video you describe comes under the prohibition against "wiretaps". A wiretap is a recording made where one of the two or more people does not know it is being made. Since you state "he saw fully aware she was recording and still spat." then IMO this is not a wiretap recording and could be used in evidence. Lovely couple of siblings. Best of luck to her.

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