Legal Question in Constitutional Law in Virginia
Is it legal for a spouse to voice record you without consent? And what is considered consent?
I live in Virginia and just found out that my husband has been recording me. I have done nothing wrong but feel violated. Could he use the recordings in court if we were to divorce?
Asked on 9/14/10, 2:52 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
No, even though such so-called "one party consent" recording is permissible
in the Commonwealth, if you in fact were not aware of it nor had been advised
of it beforehand, a divorce court would very likely bar its admissibility as evidence in any proceeding before it.
Answered on 9/19/10, 5:20 pm
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