Memphis, TN asked in Civil Rights and Landlord - Tenant for Tennessee

Q: Can I get a restraining order on a roommate that has audio recorded me?

Roommate has hidden a device and left that device without my knowledge that I just found and has been recording my conversations with my fiance. My roommate has not been part of those conversations due to private verbage that should only be heard by my fiance or myself. In Tennessee a one consent state

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: If your roommate recorded conversations in a one-party consent state like Tennessee, it generally means they can legally record a conversation to which they are a party without the other party's consent. However, if they were not a part of the conversation and secretly recorded private discussions without any participant's consent, this could potentially be illegal. You may consider seeking a restraining order if you feel threatened or if the roommate's actions constitute harassment. The process typically involves filing a petition in court, providing evidence of the need for the order. It’s advisable to consult with an attorney to discuss the specifics of your situation, as they can guide you through the legal steps required to obtain a restraining order based on the circumstances.

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