Illinois Supreme Court Declares Eavesdropping Law Unconstitutional

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.

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If you are looking for legal advice and representation with an Illinois divorce, schedule a consultation with experienced Chicago divorce attorney, Tanya Witt, at (312) 500-5400 or info@thewittlawfirm.com.

Representing men and women in Chicago divorce and child custody cases.

This blog does not constitute legal advice. Please consult with an attorney regarding your specific case.