When is video admissable in court?

UPDATED: Oct 2, 2022

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When is video admissable in court?

My husband has been abusing me for 4 years. He likes to take out his phone and threaten to tell people that I’m not fit to me a mother by video taping me while I’m crying. He’s now been charged with DV and I was just told that he will be using a video as evidence. The video was taken in our bedroom and I immediately told him several times to stop taping. Is this evidence admissable?

Asked on October 2, 2019 under Criminal Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, video evidence is admissible in court as a general matter. Since it was filmed in your bedroom (a place where normally there is a privacy expectation) over your objections, it may be possible to object to its admissibility, but be advised that unless it is showing you in an intimate or undressed state, because it is directly relevant to his case, it is very likely that the court will allow its use. You can make an application to the court to have the evidence excluded, but you have to ask for that to be done and there is a good chance they will allow it anyway.

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