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FAQ’s
I can see why an attorney will hire a private investigator, but why would a private individual need one?
We offer several services for private individuals, which are listed in our website. Our two top reasons are background checks and infidelity investigations. We use a database service restricted to
Does it really matter in a Texas whether or not that adultery is the reason for my divorce?
I know my spouse is cheating on me, so why can’t I just follow my spouse around, and do my own investigation?
Conducting infidelity
How will you be able to get video of my spouse having sex with another person in order to prove adultery?
In proving adultery in a civil court, you do not actually have to show the court a video of your spouse engaged in sex with another person, and depending on the circumstances, you could actually be charged with a crime should you have such a video in your possession, or at the very least a civil tort. Standards of proof in civil court are not the same as a criminal court. All that is required to prove adultery is to be able to show circumstantial evidence that a spouse was “likely” committing adultery. We have vast experience in this area, and the evidence we obtain will be admissible in court.
Can't I just buy one of those hidden cameras, set it up in my bedroom to catch my spouse cheating when I go out of town?
This question points out one of the main reasons to hire a private investigator, to get you court-admissible evidence. Texas recognizes different forms of invasion of privacy, which extend to married people such as intrusion upon a person’s seclusion. Texas courts have held that a spouse’s actions in making a secretive recording of the other spouse who believes he/she is in a complete state of privacy in an area of the marital home constitute’s an invasion of that privacy. In a court ruling, Clayton v. Richards, 47 S.W.3d 149 (Tex. App. 2001) Judge Donald R. Ross pointed out that while Sec. 16.02 of the Texas Penal code pertains strictly to “wiretapping … within the marital home,” and although “the act of videotaping a spouse does not meet the technical requirements to come under the” sanctions of Texas penal code Sec. 16.02, “an individual’s right of privacy is compromised no less from being secretly videotaped than from being secretly recorded. A secret videotape of an individual who presumes to be in a private place is an even greater intrusion of privacy than secretly recorded conversations.”
So due to Judge Donald R. Ross ruling, and his written opinion, no video you might obtain from that hidden camera would be admissible in court, and should you have a hidden camera that records audio, and you have recorded conversations between your spouse and whoever they are with, you could very well be charged criminally. Some clients have stated they just want to know, and won’t use the video or voice recording in court.
Also on a related issue, spy equipment companies on the internet will try and sell voice-activated audio recorders, with instructions of hiding it in areas their spouse may be in, such as in a car, or bedroom, bathroom, with the intent of covertly recording their spouse’s conversations. Doing this is a clear violation of Texas penal code 16.02. In Texas, at least one party to the communication must be aware that their conversation with another is being recorded for it to be legally recorded.