Is It Illegal to Spy on Your Spouse in Orlando?

You might be tempted to spy on your spouse for a number of reasons. Maybe you suspect adultery, for example, or maybe you’re involved in contentious divorce, child custody, or child support proceedings. Maybe you just want information that you are legally entitled to but which your spouse is unjustly withholding.

So what does the law say? For the most part, Orlando local law is Florida state law. Yes, there are Orlando municipal ordinances, but they typically do not apply to family law. Federal law plays an important role, however. So, can you spy on your spouse in Orlando? 

A simple yes or no answer cannot answer this question. Under some circumstances, you can. Under other circumstances, you cannot.

Caveat: The Exclusionary Rule in Florida Civil Proceedings

There is one fact that you must remember if you spy on your spouse seeking evidence to use against them in legal proceedings: Florida courts might ignore illegally obtained evidence, even if it proves you are right. This outcome is not inevitable, however. It depends on jurisdiction and circumstances.

You can craft an effective legal strategy that takes advantage of these ambiguities, but you’re probably going to need an experienced family lawyer who understands the nuances of Florida Civil procedure and family law.

When Is It Legal?

Spying on your spouse is (probably) legal under the following circumstances:

  • Voluntary two-way communication. Mutual email correspondence, for example.
  • Your spouse consented to the surveillance (“Go ahead and spy on me. You’ll be very bored.”).
  • You can monitor a device if you share the same device as your spouse and thus there is no “reasonable expectation of privacy”between you. You cannot open emails addressed to your spouse, however.
  • You can record or observe in a public place where your spouse has no reasonable expectation of privacy.
  • You can obtain information through a court order, as in the pretrial discovery process.
  • To an extent, you can spy on your spouse to protect the safety of your children. Be careful about relying on this justification, however.

Some of these activities contain legal gray areas that you need to watch out for. Ultimately, it’s best to get legal advice from an attorney from engaging in any of these practices.

When Is Spying on Your Spouse Illegal?

Spying on your spouse is illegal, and sometimes even criminal, under the following circumstances.

  • Electronic Communications: Federal laws, such as the Electronic Communications Privacy Act (ECPA), make it illegal to intercept or access electronic communications (e.g., emails, phone calls, text messages) without consent. This does not include public social media posts, since there is no expectation of privacy.
  • Oral Communications: State laws, including those in Florida, typically require consent from all parties to legally record oral conversations. Unauthorized recording or eavesdropping can be illegal.
  • You cannot gather information from unauthorized access to your spouse’s electronic devices. This violates the federal Computer Fraud and Abuse Act (CFAA) as well as Florida state law. 
  • The use of tracking devices to track your spouse without your spouse’s consent is illegal.
  • Placing hidden cameras in areas where your spouse has a reasonable expectation of privacy, such as a bedroom or bathroom, is illegal.
  • Stalking and harassment, to the extent that it causes (or could be expected to cause) emotional distress, is illegal.
  • Violating a restraining order is illegal.

Again, speak with your attorney about exactly what you can and cannot do.

Talk to an Orlando Family Lawyer Before You Initiate Any Questionable Surveillance Activity

Don’t bet your freedom on the accuracy of any of the foregoing descriptions of what’s legal and what is illegal. At the very least, consult with a lawyer and err on the side of caution. Critical circumstantial and legal nuances can derail the best of plans and can even breed disaster.

Contact Our Family Law Firm in Orlando, FL

Contact the experienced Orlando divorce lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803