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


    Contributor Level 18


    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


    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


    Contributor Level 16


    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

Related Topics

Divorce court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

Avvo Staff

An Overview of Divorce Court Fees

Just as each state has its own requirements to successfully file for divorce, each state also has its own types of fees and rules for when they will be applied. You may find this overview... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

26,078 answers this week

3,051 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,078 answers this week

3,051 attorneys answering