Q: My sons mother and I (non married) still live together can I video record our interactions in our apartment
without informing her that I am recording our interactions on my phone?
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A:
To answer this question accurately, we need to consider California's laws on recording conversations and interactions:
1. California is a "two-party consent" state for audio recordings. This means that all parties involved in a confidential communication must consent to be recorded.
2. However, video recordings without audio are generally allowed in areas where there is no reasonable expectation of privacy.
3. In your own home, there's typically an expectation of privacy, which complicates the situation.
Given these factors:
1. You cannot legally audio record your interactions without informing her and getting her consent.
2. Video recording without audio might be legally permissible in common areas of the apartment, but it's a grey area and could potentially be challenged.
3. Video recording in private areas like bedrooms or bathrooms without consent would likely be illegal.
It's important to note that even if technically legal, secret recording could damage your relationship and potentially be viewed negatively in any future legal proceedings.
For the most accurate and up-to-date legal advice specific to your situation, I recommend consulting with a family law attorney in California. They can provide guidance tailored to your circumstances and help you understand the potential legal and personal consequences of recording without consent.
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