Legal Question in Civil Litigation in Maryland
Privacy Invasion-Where does the law draw the line?
My significant other is in the middle of a divorce from her estranged husband. She tried for over 6 months to have him leave, the marriage was definately over - he'd been sleeping on the couch for that period of time. I had been corresponding with her for approx 2 months online when he stole her computer and had a friend root through all her databases, removing and destroying documents along the way. He kicked her out of the house & then one day while she was removing her property from the house, she called a friend on the phone & discussed me using a "code name" - Later he asked her who that person was. It is most evident that he is using a phone recording device, he even was brazen enough to admit it in front of his 16 year old. What civil penalties could he incur for recording private conversations? Who would I contact to persue such a case? Would the 16 year old's testimony of his confession be enough to win a civil trial or to prosecute on criminal charges ?
1 Answer from Attorneys
Re: Privacy Invasion
This answer in intended to provided general information in response to the above inquiry only and is not intended as legal advice. Should you desire more information, please contact an attorney to discuss the particulars of your situation in greater detail.
It is unclear from this inquiry where the alleged taping incident took place, so it is not certain that Maryland law would apply. In general, in Maryland, a party may not tape the conversation of another person or persons without the other parties' knowledge and consent. Doing so subjects the violator to civil fines not to exceed $500.00 for a first offense and to possible felony prosecution. The State's Attorney for your district should be contacted. A 16 year old is not automatically precluded from testifying due to age. In this case there may be some issues of parent-child immunity, however. It is impossible to say whether the 16 year old's testimony standing alone would be "enough" to win a civil or criminal trial as that decision must be made by the judge or jury as appropriate.
Since you were not a party to the recorded conversation, or so it appears from your question, it is not clear that you, as opposed to your significant other, would have a claim against the person in question for any violation of the Maryland wiretap laws.
I trust this has been helpful.
Susan Zuhowski
The Law Offices of Susan Zuhowski, P.A.
P.O. Box 1466
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