Can I press criminal charges, and sue someone for video and audio recording me without my knowledge? 6 Answers as of April 25, 2013

My ex- husband pulled into my driveway, and up to my house to drop our daughter off. I opened the door to my house and he stepped outside of his car. I was very distraught due to a phone conversation that we had just had prior to him dropping off my daughter. After we exchanged words, he left. Later that evening we started to have a conversation via text messaging, where he revealed that his girlfriend had video and audio recorded me and our conversation from earlier. He stated that all the events that took place that day had been recorded, leading me to believe he had recorded our previous conversation on the phone as well as when he dropped my daughter off. He told me that he was going to give it the our divorce mediator to review. The mediator is to be involved with decisions regarding our daughter that would otherwise involve the courts. I was inside my house the entire time, and I live on an acre of land, anyone driving by or neighbors would not have been able to hear our conversation. Is this criminal? If so, what type of action can I take against him and his girlfriend?

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Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
Talk to your lawyer about his actions. If you don't have one, then get one.
Answer Applies to: Nebraska
Replied: 4/25/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Well if he records the telephone conversation or does wiretapping then it may be a violation of the wiretapping act that Michigan has.
Answer Applies to: Michigan
Replied: 4/25/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
If in California, it is probably not legal. Call the cops.
Answer Applies to: California
Replied: 4/25/2013
Kevin H Pate
Kevin H Pate | Kevin H Pate
Perhaps you misunderstood? Perhaps all was audio recorded and the exchange in the driveway was video recorded as well? As to it being without your knowledge, that is influenced by where one resides. Some states require all parties be aware, some require only one party to be aware of the recording.
Answer Applies to: Oklahoma
Replied: 4/25/2013
Universal Law Group, Inc. | Francis John Cowhig
If you have a divorce attorney handling your case, you should be talking to your attorney. If you don't have one, you might want to start thinking about getting one. In California, it is illegal to record a conversation, assuming that you were actually recorded. It could be that your ex-husband is trying to press your buttons in order to make you do something irrational.
Answer Applies to: California
Replied: 4/25/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    In New York it is legal to record a conversation as long as one party to the conversation consents. Thus, the recording was perfectly legal.
    Answer Applies to: New York
    Replied: 4/25/2013
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