Q: Do two party consent laws prevent someone from recording someone else in their own home if both people live there?
Regards video and audio recording. Is there an exception for possible domestic abuse scenario
A:
There can definitely be consequences for recording someone without their consent.
While I certainly DO NOT recommend recording someone without their consent, if it is a safety issue and you feel recording the other party may assist you in creating a safer situation for yourself (such as obtaining a restraining order), then you would have to weigh the potential consequences of doing that.
I have seen numerous cases in which someone recorded someone for a similar reason but were then charged with violating the wiretap statute in Massachusetts.
What you could potentially consider is taking out your phone and recording someone as a means to defuse the situation. If you are visibly recording using your phone (and not using a hidden device), that may cause the other person to behave differently. It could also escalate the situation and make things worse or place you in more danger.
Bottom line - if you are in an unsafe situation due to domestic violence, reach out to one of the many organizations that can assist you. They are skilled at helping victims of domestic violence navigate the end of a relationship, leaving a partner, or just talking about issues in a caring and understanding way.
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