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Is my audio recording of a specific person at a restaurant admissible in family court can you also provide case law?

Fort Myers, FL |

Going through a custody case judge ruled in favor of mother for temporary custody. However we met for a visitation at a fast food place sat inside and i recorded the audio conversation we had. My lawyer said she would look up case law about recording in a public place in Florida. This recording could honestly save my child's life. I don't see how someone could expect privacy at a fast food place. Could anybody provide case law to say it would be legal in Florida?

Attorney Answers 3


You cannot record her - it is not admissible and you could subject yourself to criminal consequences. See if your attorney can find any case law to the contrary, follow your attorney's advice; however, until such time as she finds case law, do not share that recording.

This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.

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What about the part of the law that states : Florida law makes an exception for in-person communications when the parties do not have a reasonable expectation of privacy in the conversation, such as when they are engaged in conversation in a public place where they might reasonably be overheard?

Tami Lane Augen

Tami Lane Augen


It seems like you have an attorney on your case, you should discuss this matter further with her. Best of luck.


you cannot audio record someone without his or her consent. period. counsel is correct. not only is it inadmissible, but you could be subject to wiretapping charges.

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I agree with my colleagues. It's inadmissible and you've exposed yourself to possible criminal charges. Let your attorney do her job and advise you about the recording.

Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.

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