Legal Question in Personal Injury in Iowa

I recently found a recording device in my son's diaper bag that looked like a pen. My son's mother, and grandmother admitted that they had been recording my family and I ever since my son started having visitation at my home. My son's mother then threatened to give some of the recordings to my other son's mother and said she hopes that I would not be allowed to see him anymore, and also stated that she would give the recordings to whomever she felt "necessary."

I called the police; they took my statement, gathered the evidence, got the search warrant, and obtained her computer.

Under Iowa Code 727.8 forbids electronical and mechanical eavesdropping.

I later contacted authorities to see if anyone had yet been charged. They said no, and then stated that the district attorney didn't want to "deal" with a child custody dispute.

I'm sorry, but I, nor my family, are looking at this as a child custody dispute. This crime was committed in a different state than our custody agreement is even set place in. We are looking at this as an Invasion of Privacy.

They had no right to record us in our own home. There was no signs of abuse, neglect, or any indication that would make them even think of doing this; and if there was, they could've taken a more legal route, like calling the department of human services.

Is there anything that we can do? How can the police seize the evidence, and then make no arrest? Can a district attorney just overlook a crime committed against someone? Can they just ignore all of this?


Asked on 3/10/11, 3:32 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

The decision to prosecute or not is up to the county attorney. You might contact the attorney general's office if you think it should be prosecuted.

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Answered on 3/14/11, 7:25 am


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