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Legality of hidden cameras to prove domestic violence

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HumanBeing

Junior Member
What is the name of your state (only U.S. law)? (California)

Hello. I am a spouse who has received physical abuse against me in my marriage. I have searched in vain on the internet for information on whether it is legal to use hidden cameras to document the physical abuse. My impression from the limited information I have found is that a bedroom would be considered a private area, and videotaping there without consent of the taped would be illegal and inadmissable. Unfortunately, the bedroom is where most of the abuse takes place.

The relationship seems likely to head to divorce down the road, but we have a child we are trying to stay together for the benefit of.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? (California)

Hello. I am a spouse who has received physical abuse against me in my marriage. I have searched in vain on the internet for information on whether it is legal to use hidden cameras to document the physical abuse. My impression from the limited information I have found is that a bedroom would be considered a private area, and videotaping there without consent of the taped would be illegal and inadmissable. Unfortunately, the bedroom is where most of the abuse takes place.

The relationship seems likely to head to divorce down the road, but we have a child we are trying to stay together for the benefit of.

You are more concerned about the legality of taping the violence than the welfare of yourself and your child?

:eek:
 

CdwJava

Senior Member
If video only, and in your own home, you will likely be okay under the circumstances you articulate. If it includes audio, things might get a little dicier, but you would still likely be on safe ground provided you have reason to believe you will collect evidence of a felony or attempted felony against you.
 

HumanBeing

Junior Member
You are more concerned about the legality of taping the violence than the welfare of yourself and your child?

:eek:
Of course I'm more concerned about my child. But under the threat of never seeing my child again, I need to prepare some groundwork based on evidence beyond my word against that of my spouse. Out of my custody, my child will be completely unprotected.
 

CourtClerk

Senior Member
Unfortunately, the bedroom is where most of the abuse takes place.
What happened when you called the police after one of these episodes of abuse?
we have a child we are trying to stay together for the benefit of.
What benefit is it of the child to have a parent beat the crap out of the other?
Out of my custody, my child will be completely unprotected.
Has your spouse ever been abusive to your child?
 

LdiJ

Senior Member
Of course I'm more concerned about my child. But under the threat of never seeing my child again, I need to prepare some groundwork based on evidence beyond my word against that of my spouse. Out of my custody, my child will be completely unprotected.
The threat from whom that you will never see your child again?

You and your spouse have equal legal rights to your child. Therefore, you could leave right now, and take your child with you. You would not be kidnapping the child and you could not be arrested for leaving and taking the child with you...unless of course you commit domestic violence yourself in order to do so.

If you are truly the victim of domestic abuse then contact a domestic abuse shelter in your area and get advice from them as to what to do.
 

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