Can I sue my soon-to-be ex-wife for posting a private video of me on Youtube?

UPDATED: Feb 22, 2012

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Can I sue my soon-to-be ex-wife for posting a private video of me on Youtube?

We are in the process of a divorce. The video contains secretly recorded audio of me screaming my head off in our home, and the video claims “this is an example of domestic verbal abuse”. It is highly edited to make me look bad. We are in a state where it is legal to secretly record conversations, so long as you are part of the conversation. However, I was wondering if I can sue based on breach of privacy and what my chances of success might be?

Asked on February 22, 2012 under Personal Injury, Ohio


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well if the audio and video are legal, then your breach of privacy may be one route but indicating this is berbal abuse may be another route. If she misconstrues and edited the film to make it look worse than it was, and is stating you are verbally abusive and you are not and it damages your reputation, you may be seeking a defamation suit in addition to the privacy suit. The chances of success will depend on a host of factors, and only you sitting down with an attorney who handles such matters in your state would be able to give you possibilities and chances.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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