Can You Use Cell Phone and Video Recordings In Divorce Proceedings?
- Bradley Thrush
- Jun, 06, 2014
- Arizona, Phoenix, Tucson
- Comments Off on Can You Use Cell Phone and Video Recordings In Divorce Proceedings?
Using Video Recordings in Divorce Proceedings
The prevalence of cell phones in modern society has completely changed many aspects of everyday life.
The use of recorded messages during divorce proceedings can benefit you, but it is important to understand when and how such recordings can be legally submitted.
Your divorce lawyer can help you determine which, if any, types of voice recordings or video recordings in divorce proceedings will help your case.
Recording Cell Phone Conversations
Jurisdictions vary on the legality of recording cell phone conversations without the permission of the person being recorded.
However, Arizona courts have held that you may record and use any conversation that you are a party to, i.e. a participant in.
This rule also applies to voicemail messages. In the case of voicemail and answering machine messages, it is clearly implied that the caller’s voice will be recorded.
In most cases, this understanding is enough to be considered permission by the law and such messages can be used during your divorce proceedings.
If you ever have any questions about the legalities of using voice recordings, please ask your attorney.
Recording Video
Recording video with your cell phone for use in divorce proceedings is also subject to certain privacy laws.
In most cases, video recorded in public is admissible in court, while video recorded in the privacy of the home is not. T
his is because consent is required when recording or photographing an individual in a setting where at least some degree of privacy is to be expected.
Additionally, in most cases the recording equipment (i.e., your cell phone) must be clearly visible.
The use of hidden or covert recording equipment is generally not permissible when submitting evidence during divorce proceedings.
The experienced divorce attorneys working with Thrush Law Group are here to provide you with the knowledgeable and compassionate counsel you need during a divorce.
Get Your Free Consultation Today!
Recent Posts
Recent Comments
Archives
- May 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- April 2014
- March 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
Categories
Get the FREE Legal Guide
Do you know the most important steps to take to protect yourself?
In this PDF guide you will learn the answers to more than 20 Frequently asked legal questions.
Ten Things You Need to Know
- Don't do it alone!
- Arizona is a "no-fault" state.
- The first to file often "wins"!
- Most Arizona divorces settle!
- Arizona is a community-property state.
- Arizona does award alimony.
- Joint custody IS the norm!
- Change ISN'T always a good or easy thing!
- Arizona follows an Income Shares model for support.
- Never pay the custodial parent directly!