Spy on My Spouse? Is It Legal In My Marriage?

Avoid Legal Trouble, Consult With An Experienced Family Attorney Before You Spy On Your Spouse!

spyA husband or wife can get themselves into some messy legal situations when they spy on their spouse.  Often, the best way to combat this situation is through communication.  Clearly, if you’re suspecting your spouse of somehow breaking the marriage vows, then you’re faced with trying to improve communications (at the very least).  Perhaps entering into marriage counseling together would be beneficial.  If these efforts have failed, there are a few steps you can take to avoid criminal situations when it comes to spying on your spouse.

  1. Tape-Recording:
    Tape recording is a tricky technique to master.  The Federal Wiretapping laws allow for some type of recording, but in order to satisfy this statute and avoid criminal prosecution, you must follow specific steps.   You have to make sure that you’re only recording your spouse in conversations to which you’re a party.  You CANNOT record your spouse speaking with another person.
  2. In Home Surveillance:
    Videotaping inside your home is permissible under the law.   This situation has arisen in a few cases in Ohio, and the courts seem to have a hazy grasp on it.  In some
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