Legal Question in Criminal Law in Delaware

Delaware Wiretapping Laws

How do I find a way to have my ex-husband prosecuted for taping all conversations between my children and myself when they are in his home for visitation? Is it legal for him to be taping without my consent when I am talking to someone other than himself? How do DE laws Title 11, chapter 24 and 1335 apply in this situation?


Asked on 4/12/03, 11:15 am

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Delaware Wiretapping Laws

I don't know about Delaware Statutes as I am an attorney in Maryland. Maryland has statutes that prohibit taping of conversations on the phone and penalties are established therein. The penalties apply to admission of evidence and civil recoveries. The statutes you are referring to apply largely to criminal matters and are not generally applicable in child custody matters. Your inquiry is based upon child custody issues (or so I presume). If you believe that a change of custody is warranted, you should contact an attorney.

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Answered on 4/13/03, 2:48 am


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