My exs attorney showed up at an exchange, sat within 5 ft of my children and used his phone to video. My children realized he was there and that he was videoing so I asked him to stop. He refused saying its a public place and then I asked again stating he was not to video my children.
I can think of no reason why it would be "illegal".
Anyone in the world can film you when you are in a public place with zero expectation of privacy.
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE CREATED. DO NOT RELY SOLELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY ON THIS FORUM. Actual legal advice comes after a complete review of the all facts and relevant documents. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
If you were in a public place, you have absolutely no expectation of privacy. ANYONE can video record you and your children, with or without your permission.
I'm licensed to practice law only in Indiana, and we've never met, so I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense. Even if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
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