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).
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.
Justia disclaimers below, incorporated herein.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
