After months of tension, accusations, and whispered phone calls, you decided to take matters into your own hands. You suspected your soon-to-be ex-wife was hiding something, so you slipped a small tracking device under her car’s bumper. It wasn’t invasive—just enough to follow her movements. And, if you’re right, it’ll show the judge exactly what she’s up to.
But what started as a “good idea” turned into something else entirely—because tracking your spouse might not be as harmless (or as legal) as it sounds. Which brings us to the central point of this blog: “Can I Track My Spouse with a GPS or AirTag?”
What Texas Law Says About Tracking Devices
Texas Penal Code § 16.06 makes it a Class A misdemeanor to install a GPS tracking device on a vehicle without the owner’s consent. That’s not a slap on the wrist—it can mean up to one year in jail and a $4,000 fine.
This law applies to physical trackers, such as GPS units and Bluetooth tags, including Apple AirTags, Tile devices, or similar technology. If you didn’t get explicit permission to attach it, you’re potentially breaking the law—no matter your intentions.
To make matters worse, most evidence gathered this way won’t even be admissible in family court.
Privacy Still Matters in Divorce Court
Texas courts take privacy seriously, even in family law cases. Tracking your spouse without consent could be considered an invasion of privacy, harassment, or even stalking, and those labels carry both criminal and civil consequences.
Judges tend to look unfavorably on litigants who take matters into their own hands by conducting surveillance. What may feel like “just gathering evidence” to you might look like obsession or coercion to the court.
That said, the law gives parents more flexibility when it comes to their children. Courts generally permit the tracking of minor children, especially for their safety and protection. But if it appears you’re using a child’s phone or backpack tracker to spy on your co-parent, that can raise red flags. Context matters, and so does motive.
If something feels off or you suspect your spouse is hiding something, talk to your attorney first.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
Are you looking for family law services in Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish is for informational purposes only and does not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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