Legal Question in Family Law in California

Legally he must have the consent of all parties to a conversation to tape it. The same rule should apply to video taping. He will argue that you were acting camera shy when you asked him not to video your conversation. Your best course of conduct would be to leave the room and either go to another room with a door or leave the house. Then he cannot argue that you consented by continuing the conversation with the camera on. Also be sure not to lose control and scream at him or have physical contact with him. He may be attempting to bait you into a confrontational response to the taping of the conversation. In your statement you mentioned counseling, at your next counseling session tell the counselor about the video taping and that you will not consent to being taped. That the video camera interferes with your ability to follow the conversation and respond to it. If the counselor insists that the taping be allowed look for another counselor. Apparently he is either afraid that you will react abusively or that he will be accused of acting abusively. Be careful in your interactions with him and do not fall into a trap.

Surreptitiously recording audio or video is illegal and not admissible in court. However you appear to know about it since you are attempting to tell him to stop. I would get a court order to make him stop video taping you through the courts. I would also discontinue any activity he may attempt to use against you in court.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/