Audio recording in private residence

I have a question regarding audio recording in my private residence. My ex and I are closing up a custody battle but he is permitted to supervised visitation at my residence as a step up program until he can reach the standard possession period. Today he came over to see our 3mth old son and toward the last hour of visitation, his phone switched on and I noticed that hes been audio recording the whole time. I am aware of the one party consent law as far as recording conversations in Texas but I thought that only applies to public places and not in private residences. Does that qualify as invasion of privacy? I’ve tried searching the internet for my specific case but there are so many gray areas. I’m not worried because I didnt and dont usually say anything that could be used against me. I just feel very violated in my own home. Is this something that I should bring up to him?

Asked on March 4, 2018 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Private vs. public is not a relevant consideration in regards to audio recording: all that matters in the law's eyes if a party to the conversation consents to recording it (and of course he would have consented, if he was the one recording), not where the recording is being made. A person may be recorded in their own home.


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