While wiretapping may seem like the stuff of detective novels, many family law cases raise illegal audio recording concerns. While trying to protect yourself from false accusations in a domestic dispute, the thought of secretly recording conversations with and among other parties may be tempting, however, it is important to know the law, and think before you record.

New Hampshire is a “two-party” consent state, meaning that all parties to an oral communication must consent to the recording in most cases. The ‘Live Free or Die’ state takes the right to privacy seriously. Recording another party to a conversation without their consent is a misdemeanor level offense, and recording a conversation in which you are not involved is a felony level offense. It is important to note that this is not limited to phone conversations, but pertains to all audio recordings. For these reasons, it is essential to obtain the express consent of any and all parties involved before they are likely to be recorded.

Many people make recordings of oral communications because they believe such recordings can eventually be used as evidence in court proceedings. This thinking is misguided. Aside from being illegal to make or distribute, communication records obtained without consent are generally not admissible as evidence in court proceedings.

If you have questions or concerns about wiretapping, privacy, or the use of recording devices in your life, Wescott Law has a team of lawyers who can help you navigate the often-confusing world of surveillance and recording.