Security cameras come in all shapes and sizes. They have also become cheaper and more accessible. It can be tempting to install one at home to help gather evidence for a divorce or domestic violence case. Unfortunately, installing security cameras – even inside your own home – can potentially backfire.
A matter of consent and privacy
Certain state laws may prohibit hidden cameras from recording people without their consent. This is particularly true if the recording takes place somewhere the person has a reasonable expectation of privacy, like their own home.
Although Colorado is a one-party consent state, this rule generally applies to audio recordings. You only need the consent of one participant to legally record an audio conversation you take part in.
Penalties on the table
Authorities can charge you with a misdemeanor for violating the hidden camera law. Minimum sentences for misdemeanors start with six months’ imprisonment. In extreme cases, penalties can involve 18 months in prison and a maximum of $5,000 in fines.
Publicly disclosing the recordings you have can also result in harsher punishment. You can potentially face a felony charge.
Proving domestic violence without violating the law
Videos or audio recordings are not the only way to document domestic violence. While it may seem weaker, courts generally admit personal journal entries as evidence. Photos and videos of the violent aftermath also help your case.
Other ways you can document instances of domestic violence include:
- Talking to a counselor: If children are involved, a mental health counselor can help record their experience and process what happened.
- Seeing a doctor: Create a medical record or timeline of your injuries. A medical professional may also help you prove defensive injuries against offensive injuries.
- Saving texts, emails and other messages: These types of evidence can help you prove instances of non-physical domestic violence.
Build a stronger legal case
Recording your spouse without their consent may paint you in a bad light in court. Despite how tempting it may be due to your circumstances, there’s still a chance it can work against you.
Instead, build and strengthen your case legally. A divorce lawyer, particularly one experienced in domestic violence cases, can give you better solutions. With the right people supporting you, you can remove yourself from abusive situations.