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Can I Record My Spouse or Co-Parent for Court?

On television, we often see cellphone videos or recordings being used in trials. That leads many people to believe that a recording may help their parenting or divorce case in court. However, in New Hampshire it is illegal to record someone without their consent when they had a reasonable expectation that the conversation would be private.

Illegal Recordings

One-party consent is not allowed by New Hampshire law, including telephone calls or in-person conversations. Not only will most recordings not be admitted as exhibits by a judge, but these recordings can also bring bigger consequences including criminal misdemeanor or felony charges. In New Hampshire, the right to privacy is held to a higher standard than federal law, or laws of many other states.

Legal Recordings

If you want to record a conversation whether audio or video, you will need the other party to consent prior to the recording. It is a good idea to meet with an attorney to discuss this prior to making any recording.

Remember this applies to audio or video recordings done in a private setting. If you have posted a video online to your social media, that may be used in court so always be mindful of what you say and post, you do not want your words used against you in court.

Contact Us Today

At Morneau Law we have family law attorneys who are able to explain the rules and limits regarding evidence that may be admitted to the Court, and when it is appropriate to record. If you would be interested in speaking with a Family Law lawyer, please contact us at (603) 943-5647 or fill out our online form here:

Emily Hayes