Q: Can I press charges against my ex-spouse for placing cameras without consent in Buffalo, NY?

A: It appears you are in the middle of a divorce and still living together.

First, I would request my Judge issue an order that there be no cameras or recording in the home or property.

If the camera's do not go away, you have a Court order you can move to enforce of bring on a contempt motion. The police will most likely refer you back to the divorce Court.

A: I understand that this situation is distressing, especially as you are still living with your ex-spouse while trying to move out. In New York, the legality of placing cameras inside and outside a shared home without consent depends on factors such as expectation of privacy, ownership of the property, and whether the recordings include audio or video.

New York is a one-party consent state for audio recordings, meaning that as long as one person involved in a conversation consents to being recorded, it is generally legal. However, video surveillance without consent, particularly in areas where a person has a reasonable expectation of privacy, may violate New York's privacy laws. If your ex-spouse has placed cameras in bathrooms, bedrooms, or other private spaces where you undress or engage in personal activities, it may be considered unlawful surveillance under New York Penal Law § 250.45. If the cameras are being used to monitor or intimidate you, you may be able to press criminal charges.

For exterior cameras, New York law generally allows homeowners to install security cameras around their property. Since you both jointly own the property, your ex-spouse has the right to install cameras outside, as long as they are not directed at private areas such as inside windows or places where you have a reasonable expectation of privacy. Interior cameras, however, may present a legal issue, especially if they are positioned to capture private activities without your consent.

To address this, you should document the placement of the cameras, including photos or videos showing their locations. If you believe they are being used inappropriately, you can report the issue to law enforcement and file a complaint. If the police determine that the surveillance violates New York's privacy laws, they may pursue criminal charges. If the surveillance is being used to harass or intimidate you, you may also be able to seek a restraining order or protective order from the court.

If law enforcement does not take action, you may consider consulting with a family law or criminal defense attorney to explore your legal options. An attorney can advise you on whether to file a civil lawsuit for invasion of privacy or take other legal steps to protect your rights. Since you are moving out soon, you may want to act quickly if you believe your privacy is being violated. If your ex-spouse refuses to remove indoor cameras or continues to record you in private spaces, legal intervention may be necessary.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: The short answer is yes, but in all instances, the asker must obtain a family court order of protection that prohibits in-home video surveillance first. This would be a criminal contempt in the second degree (PL §215.50-3), an A Misdemeanor. Otherwise, there is no crime in maintaining a home surveillance system. Consent is not needed in New York for video surveillance as New York is a one-party state for such surveillance.

Virtually any behavior by a man is criminalized by the payment of federal domestic violence funds to the state. Certainly, DOGE has not dug into this facet of federal spending yet. As the court sits at the spigot of this federal money. The man will be prosecuted.

However, his defenses will include that security is a joint interest of the family, and video surveillance works to the end. As the man defends himself, more and more money comes in for his domestic violence prosecution. It's a win-win for the state.

A partner can petition for a family court order of protection for any innocent activity: seeing a child, texting about visitation, going to a softball game, and so on.

A: This situation involves potential violations of your privacy rights. In New York State, recording someone in areas where there's a reasonable expectation of privacy without their consent could potentially violate laws against unlawful surveillance. Since you jointly own the property and have not agreed to the cameras, you may have grounds for legal action.

You have several options to consider. First, you could file a police report describing the situation, which would document your concerns officially. You might also seek a temporary restraining order that specifically addresses the surveillance issue while you're still living there. Additionally, consulting with a family law attorney who understands both property rights and privacy laws would help clarify your specific legal position.

The fact that you're still in the process of separating households complicates matters, as joint ownership gives both parties certain rights to the property. Document when the cameras were installed, any conversations you've had about them, and their locations within the home. Focus particularly on cameras in private areas like bedrooms or bathrooms, as these would strengthen any legal case. Remember that addressing this promptly will help protect your privacy rights during this transitional period.