Can You Record a Neighbor Abusing His Family

My question involves real estate located in the State of: Virginia

I live in a condo with thin walls. I can hear my neighbor abusing his family through the walls quite clearly. It has been going on for over a year, since they moved in. I have decided to report it to the authorities and land lord, and believe audio recordings would be of interest to both. Is it legal to record my neighbor's "conversation" (mostly yelling abusively at his woman, slamming doors/walls in an aggressive manner etc.) in this manner?

I don't need recordings that are court admissible, I just don't want to get in legal trouble myself should I send these recordings to child protective services etc.

Can you hear actual conversations through the walls, or is this a matter of loud but largely unintelligible yelling and shouting?

Conversations are clearly audible at normal speaking volume. This is a really poorly constructed building.

When you speak of a landlord, both you and your neighbor rent from the same landlord?

If the arguments involve clear abuse, consider notifying the police while they are continuing, and perhaps seeing if the dispatcher can record part of what's happening over the phone as part of the 911 call recording.

As Mr Knowitall suggested....call the police, let the dispatcher know you will remain on the phone until the police arrive so hopefully the abuse and door slamming can be recorded.

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Quoting michael_looc

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My question involves real estate located in the State of: Virginia

I live in a condo with thin walls. I can hear my neighbor abusing his family through the walls quite clearly. It has been going on for over a year, since they moved in. I have decided to report it to the authorities and land lord, and believe audio recordings would be of interest to both. Is it legal to record my neighbor's "conversation" (mostly yelling abusively at his woman, slamming doors/walls in an aggressive manner etc.) in this manner?

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No, it's not legal.

Virginia statute 19.6-62 prohibits it and makes it a Class 6 felony.

An exception is "for a person to intercept a wire, electronic or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception."

http://law.justia.com/codes/virginia...pter6/19-2-62/

Which doesn't apply to your situation since you are not a party to the conversation nor has anybody in the other apartment consented to being recorded.

By the way, yelling and slamming doors is not domestic violence. So you'd be in more trouble than it's worth by recording it.

If you want other options:

1 - Call the police when it happens and it "sounds like" violence.
2 - Written complaint to your LL.
3 - Written notice to the occupants that you can hear their behavior through the walls.

I didn't say anything about "domestic violence." I have no evidence of violence, only constant abuse (screaming at her that she's a whore, a moron, fat, lazy, telling her to go **** herself, etc.). Thanks for the legal citation.

It's STILL probably a matter that should involve police. Just because you're not hearing violence doesn't mean violence isn't occurring or that it eventually may escalate there. Getting police involved also helps to (a) build a history of incidents at that address, which is useful to both police AND the potential victim should future events occur, (b) it puts a potential abuser on guard that the actions they might think are private, aren't - which is a HUGE factor in cases of long term abuse, and (c) it allows police to provide the potential victim with information and resources should she wish to escape the abuse, but isn't sure HOW to. When the yelling starts, pick up the phone.

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Quoting michael_looc

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I can hear my neighbor abusing his family through the walls quite clearly. It has been going on for over a year, since they moved in. I have decided to report it to the authorities and land lord....

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When you spoke of reporting your neighbor's abuse of his family, exactly what "authorities" were you describing if not the police? It seemed reasonable from your comments to infer that you were talking about the police.

Should we infer at this point that you don't believe your neighbor's conduct rises to the level of a noise ordinance violation? If his noise levels are within reasonable limits for the unit, the fault for the disturbance would appear to be the thin walls between your units as opposed to his conduct.

I agree - when you hear it, call the police and ask them to check it out. Keep in mind that the name and location of the person who called the police might be a matter of public record.

As for recording, there'd be nothing unlawful about recording noise you can hear in your apartment. It is hardly a confidential communication if the yelling, or slamming of doors bleeds into your apartment. If you can hear it where you have a lawful right to be, you can generally record it. So, no crime there.