Under the Illinois Eavesdropping Act, if a person recorded a conversation without all the consent of each person taking part in the conversation, that person would have violated the law and could possibly have been charged with a felony. However, the Illinois Supreme Court recently struck down the Illinois Eavesdropping Act, holding that it was unconstitutional. In a Chicago divorce or Chicago custody case, can one party now record the other party without his or her permission and provide the recording to the Court? This ruling could have an impact on the type of evidence that is used in family law cases. As Chicago family law attorneys, we have been asked whether a party to a contested divorce or custody case could use a recording of the other party’s conversation as evidence in the case. Under the prior law, a recording which captured violent threats or verbal abuse by one spouse to another or to the children, but which was recorded without the threatening spouse’s permission, could have potentially resulted in the threatened spouse being charged with a felony. Now that has changed. It will be interesting to observe the impact of the Illinois Supreme Court’s ruling and its impact on Chicago divorce and Chicago custody cases.
Order of Protection for Domestic Violence
Unfortunately, some Chicago divorces or Chicago child custody disputes involve domestic violence. When domestic violence, or the threat of domestic violence, occurs a victim may petition the court for an order of protection. An order of protection is a court order...