Rockville, MD asked in Child Custody and Family Law for Maryland

Q: Can videos taken by the security camera at the marital house be used legally as evidence in court?

I and my spouse separated. I moved out and my spouse stayed with the marital house. One day when picking up my child from that house for a doctor appointment I noticed that someone else was in that house.

Then I realized that I still had access to the front door security camera. By checking the videos I realized that my spouse was sleeping with a partner, before divorce. Now the question is, can I use those videos from the marital house as evidence in court?

Related Topics:
1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: Possibly, since your spouse presumably knew when the videos were created that the video surveillance system was in place and operational, so that she cannot claim she was videotaped without her knowledge or consent, even if she forgot she was being recorded. But further legal research should be done to rule out any other legalities that might expose you to potential legal risk by utilizing these video recordings. For instance, if you signed an agreement giving your spouse use and possession of the house and your agreement not to enter it, accessing the video monitoring system may be deemed an unlawful "entry" into the home and a violation of that agreement. There may be other potential invasion of privacy issues and illegal video surveillance crimes that should be ruled out first.

1 user found this answer helpful

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.