5. Can a person record or tape a conversation of their spouse?Â
Pursuant to federal and state wire tapping statutes, a person is legally permitted to record and tape a conversation only if the person who is doing the recording or taping is a party to the conversation. A person can’t tape their spouse while they are talking to other people, and more specifically their paramour. In 1991, a New Jersey trial court in the case of M.G. v. J.C., 254 N.J. Super. 470 (Ch. Div. 1991), addressed the issue as to whether a husband violated the wiretapping statute by taping his wife’s telephone communications in the marital home, and whether such actions could result in damages. The court ruled that it was illegal for a person to record the phone conversations of his spouse with another person. The court reasoned that the invasion of privacy was severe. The court found that the secretive taping of a spouse’s telephone calls under those circumstances as an egregious invasion that warranted both compensation and punitive damages. Therefore, although both New Jersey and Federal Wire Tap Laws permit the taping of a conversation to which an individual is a party, any other form of taping or recording of another persons’ conversation can be violation of criminal and civil wiretap laws. 6. What is the tort of the malicious abuse of process/malicious use of process?
In many cases, a bitter ex-wife files many frivolous criminal and domestic violence complaints against her husband. I have seen many cases, wherein a bitter ex-wife sole concern is only to destroy their husband. In many cases, they do a great job! A husband can sue his ex-wife in an egregious case for a tort that is called the malicious abuse of process. This cause of action should only be considered in the most egregious set of facts because it is very difficult to prove. However, the filing of a complaint for abuse of process against a raging ex-wife could slow her down, and make her think twice against filing any more frivolous criminal or domestic violence complaints.