Divorce and Wiretap
In Mislavsky v. Mislavsky, decided by the New Jersey Appellate Division in August 2004, the Court upheld a trial judge’s award of punitive damages for violation of the New Jersey Wiretap Act resulting from one spouse’s recording of a telephone conversation between the other spouse and a third party on the violator’s telephone line.
The facts involved playing the recording to the parties’ children and a “lack of remorse” for such actions at trial. The result was an award of actual damages, as set by statute, and punitive damages consisting of a denial of various marital assets to the violator totaling at least $35,000.
Note: the case was sent back to the trial judge to fix a specific monetary amount of damages instead of the above.
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3 Replies to “Divorce and Wiretap”
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Many matrimonial litigants misunderstand the wiretap statutes. Some believe that because the telephone service is in their name or within thier home they are permitted to record conversations. No one is permitted to record a conversation unless they are a party to the conversation regardless of where the telephone is located or who pays the bills.
Please if you can send me information on the laws pertaining to the state of New Jersey’s law on illegal wire tap.
thank you-SD
Syd,
John Eory