Private investigators are often hired to assist with family law cases, and they can be very helpful for a variety of reasons. However, more often than not, the evidence they collect is rather circumstantial. How do you know if you should hire a P.I.? This article examines that very question.
When Should You Hire a Private Investigator?
Do you have a suspicion of something amiss in your marriage? If so, consulting with an attorney is a good idea. Should the matter end up in court, evidence gathered by the P.I. is much more likely to be admissible in the case if it has been gathered with the guidance and direction of an attorney. Be aware that the judge could disallow the evidence if it wasn’t obtained legally or doesn’t meet the court’s technical requirements.
Each state licenses Private investigators to gather information and engage in surveillance. As part of their training, private investigators understand what is permitted under state law. If you are considering legal proceedings such as divorce or child custody, hiring a private investigator can help minimize your risk.
Did you know that you can obtain pertinent information about your spouse but, in many cases, it is not admissible in court because of how it was obtained? Hiring a private investigator help minimize the risk of information being thrown out during legal procedures, and in most cases they are allowed to testify on your behalf. Negative information about your spouse will seem less biased and more credible if presented in court by a third party.
Private Investigators are skilled at collecting information because of their training, experience, and their lack of emotional involvement. This makes them excellent witnesses. Professional investigators also have the added advantage of knowing how to investigate a spouse in a more objective manner.
Keep it Quiet
In cases of a cheating spouse it is common for someone to have an affair with a close friend of the family. Knowing this, you should never let family or friends know your suspicions of infidelity – not even your parents, as they could inadvertently let it slip out to your spouse. Your spouse could even hire his or her own investigator to determine if surveillance is taking place. Your spouse could become so careful that it would be nearly impossible to gather any evidence to assist in a subsequent court case.
Who Hires the Private Investigator?
It is common for a private investigator to be hired by a husband or wife who suspects that their spouse is cheating before they consult an attorney. This can be a mistake.
Georgia has specific rules about confidentiality and privilege, so the information is often better protected if the attorney hires the investigator on behalf of the client.
If the investigator is under contract with the attorney, any material created in preparation for trial may be protected from discovery by the opposing party as “attorney work product.” For this reason, it is advisable for clients to consult with an attorney first.
Charlton & Glover can recommend reputable private investigators that are not only professional but knowledgeable about Georgia laws. Our P.I.s won’t gather any evidence illegally which could undermine a divorce case. They provide detailed reports that help the attorney present a thorough case in court.
We are here to help! Our experienced family law attorneys can answer your questions about the benefits of retaining a private investigator. Call us at (770) 993-1005 to schedule a free initial consultation.