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

Asked 12 months ago - 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)

  1. Tami Lane Augen

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . 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... more
  2. Lloyd Harris Golburgh

    Contributor Level 11

    5

    Lawyers agree

    Answered . 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.

  3. Arica Lynn Braaten

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . 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... more

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