question

[missberz]

What is the name of your state (only U.S. law)? Ohio


My ex has recorded a conversation of ours without telling me and is playing it for people all over,because we share a child and he claims he's going to court for visitation. One, I want to sue him for recording me without my knowledge. Two, can he use it in court?

 

[Antigone*]

What is the name of your state (only U.S. law)? Ohio


My ex has recorded a conversation of ours without telling me and is playing it for people all over,because we share a child and he claims he's going to court for visitation. One, I want to sue him for recording me without my knowledge. Two, can he use it in court?

this is post #1 of what is now a duplicate post.

answer stills stands...what are your damages?

 

[missberz]

sorry

Sorry didn't mean to post it twice, im using my cell phone.

And I feel like a moron, but im not sure what you're asking me?

 

[Antigone*]

Sorry didn't mean to post it twice, im using my cell phone.

And I feel like a moron, but im not sure what you're asking me?

In order to sue in small claims court, you have to have monetary damages ~ costs. Do you have any?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio


My ex has recorded a conversation of ours without telling me and is playing it for people all over,because we share a child and he claims he's going to court for visitation. One, I want to sue him for recording me without my knowledge. Two, can he use it in court?

Ohio is a one party state. If you were both in Ohio during the call, he didn't have to tell you he was recording the call. And yes he can use it in court.

You could try to sue him but you would lose based on what you have stated. He can go to court for visitation and custody if he wants since the child is also his child.

 

[missberz]

well

I am not against him having visitation, he of course will not get custody, I have full custody. But he has not bothered with her in 2 years either. And he only recorded parts of the conversation, some of what he said, but not the things that would make him look bad, just me. He is playing it for people and I am receiving phone calls over it. Also, he says when he gets visitation he's going to play it for our 3 year old daughter so she can see mommy is "mean" to him. No matter what I think of him, I always make sure my child thinks good things of him.

 

[missberz]

..

In order to sue in small claims court, you have to have monetary damages ~ costs. Do you have any?

I feel emotional stress since I am being threatened and harassed over it and I feel my privacy was invaded. Would this hold up for anything? I don't know. Im not trying to get any money, I just want it deleted because its not accurate. He only recorded parts and pieces to make me look back and himself good. He threatens to make my daughter mad at me by playing it for her repeatedly (she is 3 years old). I basically just feels its unfair, I would never do that to our child, and I don't think he should be allowed to play it and use it considering its not the full conversation anyway.

 

[Antigone*]

I feel emotional stress since I am being threatened and harassed over it and I feel my privacy was invaded. Would this hold up for anything? I don't know. Im not trying to get any money, I just want it deleted because its not accurate. He only recorded parts and pieces to make me look back and himself good. He threatens to make my daughter mad at me by playing it for her repeatedly (she is 3 years old). I basically just feels its unfair, I would never do that to our child, and I don't think he should be allowed to play it and use it considering its not the full conversation anyway.

This is not something that can be handled in small claims court. If you feel you have been damaged by your ex's actions, you will need to get an attorney (be ready to spend a lot of money) for a civil action. You are going to have to prove that you were damaged. At the end of the day, this will cost you a pretty penny for nothing.

I speak from experience ~ when dealing with an ex ~ grow a thick skin.

 

[missberz]

thanks

Thank you. Honestly, id rather just ignore it and let it go. I just don't want it allowed to be used in court or used to mess with my childs head.