Legal Question in Family Law in Virginia

Is it illegal to place software on a phone to record text messages? Reason I have asked is I have found a few blatant messages on my wifes phone regarding a "meet up" and I have also found phrases like, "I Love You". The person she is texting is a old boyfriend. Also can these recorded messages be used in court? By the way the cell phone service is in my name, but it is her line.


Asked on 5/11/10, 12:08 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

I know that in the Commonwealth, one person can audio record another without

the other's knowledge or permission. Whether the same is also true of

recording text messages using software surreptitiously attached to

the target's cell phone, frankly, I have no idea.

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Answered on 5/18/10, 5:07 pm


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