When a couple is going through a divorce or child custody dispute there may be insults and threats made by the parties involved. Often, people will try recording conversations for evidence in a Florida child custody case. However, Florida law may restrict recording conversations for evidence in a Florida child custody case or divorce. For more information about the types of evidence that may be used in a child custody or divorce case contact a divorce attorney in Tampa for legal advice. An experienced child custody & divorce lawyer in Tampa can help answer your questions and advice on which types of evidence may be used in court.
Under Florida Statute 934.06, any information gained from illegal monitoring/recording of electronic communications or oral communications will not be admitted as evidence during a trial. Therefore, recording conversations for evidence in Florida child custody case or divorce may not be a good legal strategy.
Further, each party in a proceeding has an expectation of privacy from interception by another party. See Shevin v. Sunbeam Television Corp. Interception in this context means gaining information by using electric, mechanical, or other devices. See Florida Statute 934.02. Because technology is constantly changing and Federal laws regarding illegal recording of information differ from those in Florida, it is important to consult with an experienced divorce attorney in Tampa to determine what constitutes illegal monitoring.
Improper Recording of Conversations for Evidence in a Florida Child Custody Case
In Florida, electronic communication is defined as any transfer of information shared partly or wholly by a wire, radio, or any other electronic device. Information includes signs, signals, writing, images, sounds, or data. See Florida Statute 934.03. Electronic storage of documents may also be protected communication. An example of illegally recording electronic communication would be installing software that allows a party to intercept the opposing party’s emails and instant messages. Information gained through this type of technology will not be admissible in trial. See O’Brien v. O’Brien.
Illegal recording of oral communication may also include conversations that occur in person. A common example in divorce cases is recording a conversation between both spouses without the other party’s consent. These types of recordings are typically not admissible in Florida divorce and child custody cases.
Tampa Divorce Law Firm
If you are contemplating filing for divorce or child custody contact to speak with a Tampa divorce lawyer. Our divorce lawyers have years of experience helping people with their divorce and child custody disputes. Every divorce is different, and our vast experience allows us to cater our services to each client’s individual situation. Whether a couple mutually agrees to the terms of a divorce or are engaged in a fierce battle for their property and child custody rights, Florida Law Advisers, P.A. can help. We are available 24 hours a day, 7 days a week and offer a free initial consultation. Call us today at 800 990 7763 to speak with a divorce attorney in Tampa.