Ex-spouse is harassing new girlfriend. How can I legally video tape girlfriend's car, work, home for evidence?

3 views 7 answers
Going through a nasty divorce. I believe my ex-wife has been sending people over (or going herself) to my girlfriend's house, work, and other places, leaving "dead flowers" on my girlfriend's car... in an effort to sabotage my new relationship. Would like to purchase video surveillance to find out who the culprit is. Law enforcement has not helped so far.

Attorney Answers

7
David Kestenbaum ·
You can legally videotape anyone in public as long as there is no sound. Audio recording is illegal in California without the person's consent or clear notice that they are being recorded. You can also contact one of the fine family law attorneys on to get a restraining order against her (it would actually be your new girlfriend who applies for it). Get wits from her work etc. The police aren't going to get involved because what she is doing is not a crime.....yet./...... Good luck and Happy Holidays!
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Joseph Dane ·
Don't invade anyone's privacy by videotaping private (non public) areas. You can monitor your property as well as your girlfriend's (with her consent).
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Tony Anthony ·
If your filming is in a public area, there should be no problem. If your girlfriend sets up her own surveillance of her property, that should be allowable, as well.
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Edna Straus ·
Call me crazy, but if all that has been happening is dead flowers I would leave that alone--so alone. If this person is upset and restrained enough to do no more then that, I'd rejoice--and let her be. (And I've been in this business 32 years now.)
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Laurie PetersDivorce / Separation LawyerCamarillo, CA ·
I agree with my colleagues, you can video tape any public area so long as there is no audio. You said to "find out who the culprit is." Could it be someone else? Have you talked with the neighbors to find out if anyone saw anything? Why do you believe that your ex is also going to your girlfriends work, and other places? You may want to consider hiring a private investigator as well.
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Adam Pearlman ·
You can use a video camera to record what is happening but it cannot record sound. It is illegal in California to audio tape someone without their consent. Additionally, your girlfriend should consider getting a restraining order. I would advise sitting down with a local attorney and getting a free consultation regarding whether she should apply for a restraining order.
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