This blog explores the topic of intercepting communications to build your family law case. When a couple is unable to reconcile their differences, separation or a divorce may be considered. Oftentimes, the parties who anticipate a divorce may begin the process of storing certain documents in order to build their cases against one another. Spouses may try to find texts of their partner cheating on them, or may try to sort through their partner’s email accounts in order to find certain information. Is this allowed? The purpose of this entry is to discuss North Carolina’s stance on intercepting communications.
NC Wiretapping Law
North Carolina General Statues § 15A-287 provides some insight into how far a party may go in order to intercept another party’s electronic, wire, or oral communications. In sum, North Carolina is considered to be a “one-party consent” state. What this means is that unless one party to the communication consents to the conversation being recorded, it is illegal to record the conversation. So, if you receive permission from the other party to record, you are fine. If you are a party to a conversation and you want to record the conversation, you are fine.
Civil and Criminal Penalties for Breaking the Law
NC law is clear on what constitutes an illegal interception of wire, oral, or electronic communications, so what kind of penalties might someone face for breaking this law? Section 15A-287 states that a person is guilty of a Class H felony if they intercept a communication without the consent of at least one party to the communication. Beyond the criminalconsequences of violating this statute, a person may be facing civil charges, as well, depending on how the intercepted communications were used or disseminated.
How is This Information Used in Court?
Depending on the type of family law issue you are bringing to court and what your family law attorney discusses with you, recordings may be played during a family law trial. It is important to provide any recorded information to your family law lawyer in advance, so that they may determine its relevance to your case and how it may be used in a trial setting.
Consider setting up a consultation with a family law attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.
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