Invasion of privacy? Harassment?

My husband (soon-to-be-ex-husband) recorded my cell phone calls without my knowledge or consent. In addition, he installed software on my cell phone that allowed him to use it as a listening device. He used it to listen to me at work, in doctor's offices, etc. I found files stored on a computer. He would also, by his own admission, spy on me while I was at work and he took "samples" from my clothing and tested them for "evidence" of infidelity. He would even sometimes wake me up in the middle of the night to harass me and yell at me. Do I have any recourse?

Phoenix, AZ -

Attorney Answers (1)

Charles Harry Gardner

Charles Harry Gardner

Privacy Attorney - Santa Monica, CA
Answered

First, it sounds like you are in the middle of a dissolution action. If you already have an attorney for your divorce, I would suggest you start by sharing the information with your divorce attorney who can either provide guidance and/or refer you to a qualified attorney in AZ familiar with these isssues under AZ law. I am not licensed to practice law in Arizona and this is intended as general information.
The laws about secret recording vary from state to state; however, there are some general principles that tend to always apply. Even if he would be allowed to record conversations on the cell phone under Arizona law (and you need to discuss that with an AZ attorney - for example, some states allow monitoring software to be installed by the owner of the device - that still leaves open the question of whether using the software to record you without your permission as he allegedly did is legal - additional facts are needed - so, again, it is important to get counsel in AZ).

Since it seems likely that you have some cause of action here, I strongly encourage you to seek counsel from your divorce attorney (if you have one - who may either handle or refer to someone who does). If you do not yet have divorce counsel, I suggest obtaining counsel ASAP both for the divorce (these facts may be relevant in your family law case) and for the privacy issues. If you are being harassed or feel that your safety or the safety of others is in jeopardy, I encourage you to call the authorities for assistance as well. Good luck!

The above is offered and intended for informational purposes only and should not be construed as legal advice.... more

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