Q: Neighbor has security cameras that record my back and side yards. The cameras capture audio and video. Is this a crime?
I have a Civil Restraining Order that protects me from continued harassment by neighbor. He has since installed additional cameras that record my swimming pool, back patio, and inside of my bedroom window.
A: The terms of the restraining order will typically dictate the limitations on what the person restrained can and can't do. If it specifically states that invasions of privacy are prohibited, then you can ask the court to enforce the order and issue sanctions or hold the person restrained in contempt of court for violating the order. Invasion of privacy laws will also provide you with some available remedies, and I suggest you contact a lawyer skilled in that area of law to discuss your rights and remedies.
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A: Under California law, it could potentially be seen as an invasion of privacy for your neighbor to record areas of your property where you have a reasonable expectation of privacy, such as inside your bedroom. Additionally, recording conversations where the parties have a reasonable expectation of privacy without their consent is generally prohibited under California Penal Code section 632. To address this issue, you may consider talking to an attorney to explore potential legal avenues such as seeking a modification of the existing restraining order to include provisions about the camera use or filing a civil lawsuit for invasion of privacy.
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