Can husband tap wife's computer and phone calls in Texas?

Question

Husband is monitoring his wife's every move. The wife is not being unfathful or anything. He is being verbally abusive. I need to know if for any reason he has any rights to do this. I need to collect information for this lady so she can prepare herself for action against him.

Answer 1

It is my understanding you can only legally tape a conversation in Texas if one of the parties in the conversation has knowledge of it being taped. If it is a conversation between them, yes he can tape it....if it is between her and someone else who is not aware of the taping then no, he can't. If he is being verbally abusive she should tape her conversations with him to document it. As far as the computer, I don't think he can but I am not sure.

Answer 2

She needs legal advice to prepare her case properly so she should see a lawyer, not get advice from the internet. You should also be very careful you don't hurt her case by getting involved. Worse your "collecting information" could push her husband over the edge if he finds out and place her in danger if he crosses from verbal to physically abusive. The possible threat means she needs professional advice from people who deal with this kind of thing every day.

Answer 3

That is awful. He needs to stop, before he loses her completely to someone else. Being verbal abusive, and monitoring her every move. He is a physio or what. I am sure that there should be some kind of law for what he is doing to her. I pray, she gets out of that marriage safely. Have a good day.

Answer 4

Here is the actual statute - what it basically means, in layman's terms, is that if the husband were part of the communication, then he could tape it without her knowing - however, if he is capturing anything he is not a part of, with the exception of oral communications...he is guilty of a felony for each occurance.

Texas Penal Code § 16.02: So long as a wire, oral or electronic communication — including the radio portion of any cordless telephone call — is not recorded for a criminal or tortious purpose, anyone who is a party to the communication, or who has the consent of a party, can lawfully record the communication and disclose its contents.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Texas Code Crim. Pro. Art. 18.20.

Unlawful recording of a conversation, or disclosure of its contents with reason to know of the illegal interception, is a felony punishable by two to 20 years in prison and a fine not to exceed $10,000. Texas Penal Code § 12.33. A civil cause of action is expressly authorized for unlawful interception or disclosure. Texas Civ. Prac. & Rem. Code § 123.002. The plaintiff may be entitled to $10,000 for each occurrence, actual damages in excess of $10,000, punitive damages and attorney fees and costs. Texas Civ. Prac. & Rem. Code § 123.004.

Answer 5

properly there is truly no would desire to be jealous - and undesirable blood will basically placed your son interior the middle. That reported, youre not the only individual to experience jealous because of the fact of an ex. yet as a count of reality that all of us (with any luck) tend to study from our final relationships and hence make modifications to accomodate our new ones. I cant say I havent thought extra effective than as quickly as "Geez, why couldnt you have been like that with ME?" - yet I constantly would desire to understand that we under no circumstances truly would have been that way with one yet another. If we had stayed at the same time he wouldnt have found out something and neither would I. Thats the situation approximately maximum relationships... you under no circumstances truly study something till after the reality; looking back. And besides you have been the two youthful then and characteristic considering the fact that accomplished some turning out to be up. who's to declare returned then he wouldnt have been struggling with along with her till 4am too, ya understand? So dont take it for my section. Its ok to renowned which you're feeling the form you do and its completely regularly occurring, yet interior the long-term it isnt healthful and basically permit it circulate.

Answer 6

Legally no or he can but he cannot use any info he obtains against her in any court of law. She needs to file divorc against him based on spousal abuse if she has legal documented proof, because the courts will require it, and also get a protective restraining order against him and dont be afraid to notify the authorities of any future abuse.It would be very beneficial to her case

Answer 7

He is out of line! I don't think that's legal unless the police get a warrant for such things...He sounds like a very jealous man which is dangerous that could lead to abuse...Physical abuse imo he is already abusing her by monitoring his wives every move.....

Answer 8

I was followed by private detectives before and it did not bother me one bit. I have nothing to hide and if this guy wanted to pay big buck to a private detective so he could report to him at what time I walk my dog and how many poops I had to pick up....it's his money. If she is not cheating she should leave right now with a clean record, take what's due to her and leave it at that. No point building a case.

Answer 9

Big deal if she is not worried then leave it. Let him do it and know she is innocent. But if she is worried and scared then she might have done something wrong... all problems start from a small spark.

Answer 10

I don't think so unless you have a court order. You should check w/ the local police.