Did you ever consider that one day you may have to put your spouse under surveillance? Infidelity and betrayal are hard to accept. But when your partner is having an affair, the whole dynamics of your relationship as husband and wife come crashing down. Regardless of the situation, you may be torn about hiring an investigator to track your spouse. But then, when you think of the bigger picture, you are going to need all the help if your case comes up in an Oklahoma court.
If you’ve decided to move on and file for a divorce, you can use surveillance evidence to show how your spouse was wrong. Nevertheless, for the sake of your case, make sure you collect the evidence through legal means. Judges will consider how you obtained the evidence before evaluating its contents.
How Surveillance Evidence Helps in Divorce Proceedings?
Divorce cases often come down to credibility. Of course, the proceedings will be topped by arguments from both sides. The judge must decide based on the specifics of the case. This is where evidence carries the most weight. In fact, the evidence changes everything by giving the court something concrete to work with. Instead of competing claims, the judge can make a firm decision based on the evidence presented. Usually, this happens more so in cases related to infidelity or highly questionable parenting behavior.
So, when you present evidence in the form of time-stamped photographs, video, and a detailed observation log, it helps your attorney build a strong case. You can also use surveillance evidence in financial disputes. For instance, if you believe your spouse is generating income that is off the books, or working a second job, documented evidence can help to strengthen your position of claim.
What Kind of Surveillance Evidence Can Actually Hold Up?
The first and foremost thing to remember is – you cannot submit any surveillance in court to act. The evidence presented must be collected and sourced by a licensed private investigative agency. The courts will never accept evidence that you collected. This is because private investigators understand how to submit documents in a proper format that can withstand the rigors of opposing counsel.
Moreover, a properly conducted investigation includes photographs and videos. The evidence will also include detailed written logs containing what actually transpired and when. A clear chain of custody also shows who handled the evidence throughout. If you skip any of these key steps, the opposing counsel ends up getting an opening to challenge the credibility of your evidence.
As far as submitting evidence is concerned, don’t think that carrying your own photos can help you save some money. Well, it will never work. The court will dismiss amateur evidence because it lacks the documentation trail most judges expect. This can end up weakening your case, even when the evidence clearly supports your claim.
The Thin Red Legal Line You Must Never Cross
Oklahoma law is clear about what surveillance can legally include and what it cannot. So, having a good understanding of this clear line can go a long way to protect you from unintentionally damaging your case. If you cross the line, there are legal consequences to face.
To begin with, public surveillance is still legal throughout the entire state of Oklahoma. So, your investigator is allowed to observe and document the activities of your spouse without needing any permission. As such, restaurants, parking lots, and public streets qualify as legitimate places to make observations or document someone.
When it comes to surveillance on private property, things become somewhat different. You or your investigator is not allowed to trespass onto someone’s private property to collect evidence. Crossing the thin red line will only result in a situation that will make the evidence inadmissible and can even expose you to lawsuits.
On a similar note, GPS Tracking has its own specific rules. For example, you are only allowed to place a tracker on a vehicle that you own or co- own. But tracking your spouse in a vehicle they own without their prior knowledge is illegal. So, you must understand these key requirements when collecting evidence.
What Oklahoma Law Says About Recording Conversations?
Of course, there will be some confusion about whether you should go ahead and record your spouse’s conversation as evidence. In Oklahoma, we follow what is generally considered one- party consent. It means you can legally record a conversation you’re personally part of.
But that doesn’t mean you are legally allowed to secretly record a conversation between your spouse and someone else without either person’s knowledge. Doing so means you are violating the state’s wiretapping law and could end up in the dock instead. Other than facing serious criminal penalties, this will further weaken your case.
This distinction confuses many people fighting an already difficult divorce. While you can record your own phone calls with your spouse, you cannot do so in a conversation that you are not part of.
How Investigators Help You Build the Evidence Your Case Needs
Given the dire situation that you are in, it makes sense to hire a private investigator in the first place. The investigators, on their part, will then approach your case methodically with a great deal of caution. As such, they start by building a timeline using all the details you’ve already provided. Accordingly, they then add legal surveillance to confirm or expand the line of investigation.
The investigation typically includes reviewing public records and making discreet observations from public property. We then organize and compile all information into a well-documented format. For instance, we properly label every photograph with the exact time and location. Moreover, our investigators log their observations in writing alongside the visual evidence they collect.
This structured approach will go a long way toward protecting your case in two distinct ways. First, it helps you build evidence your attorney can use. Other than this, it also keeps you from crossing the legal line that could backfire on your entire case.
What Will Judges Consider When Reviewing Evidence
When it comes to the evidence gathered, judges consider all aspects before deciding. Surveillance evidence plays a role, but it is never the sole deciding factor. Nevertheless, it can indeed strengthen your overall position if you and the investigator present it in the right format.
In custody disputes, documented behavior patterns often outweigh character testimony. So, when presiding over a case involving a parent’s unstable behavior, the judge will prefer specific documented incidents over vague accusations.
Surveillance evidence also works similarly in financial cases. Any evidence that shows your spouse hiding income or assets ends up giving your attorney some much-needed leverage during the negotiations, even before the case reaches a formal hearing. Judges take financial dishonesty very seriously. So, you must ensure all evidence is presented in the right structure and format.
So, When Should You Hire a Licensed Private Investigator?
Of course, you are not going to need surveillance for almost every divorce case. For example, in a straightforward divorce where both parties agree, there is no place for an investigation. However, some genuine situations call for professional documentation before you make any move.
When you suspect infidelity on the part of your spouse and need documented proof for your attorney, surveillance provides exactly that. If the same spouse is hiding assets or income, financial investigation and surveillance can unravel records that are somewhat difficult to access. Similarly, in a custody case involving a parent’s behavior, professional surveillance can fill the gap.
For best results, consider surveillance early in your case. Don’t wait to take the necessary steps until negotiations stall. Gathering evidence at an earlier stage allows your attorney to build a solid strategy around your actual documentation.
What Happens after the Evidence is collected?
Once the surveillance is complete, you will receive a formal report that includes everything collected during the investigation. The report will include information on photographs, videos, and a written narrative organized chronologically for detailed review.
Your attorney will then review the report to check if the evidence gathered will help your case or not. The attorney will then use it to develop a broader legal strategy. Sometimes the evidence will be used in court, or it may be used as leverage during settlement negotiations before a formal hearing.
Irrespective of the circumstances, having documented evidence will certainly give you a considerable upper hand. Once the opposing counsel realizes what you can prove, this will often speed up the resolution that otherwise can drag on for months.
Why You Should Never Gather Evidence on Your Own
If you’re considering handling surveillance to save some money during the course of an expensive divorce, things might backfire. Doing so will eventually cost you more than hiring a professional investigator at the start.
Many individuals inadvertently cross the line without even realizing it. They may trespass on shared property in a manner that is deemed illegal. If they try to install tracking devices on vehicles they don’t own, those actions can have serious repercussions. There are also instances of recording conversations they weren’t technically part of. If you do so, it clearly implies that you are breaking Oklahoma’s wiretapping law.
Other than that, as an amateur, the evidence you collect will lack proper format and documentation. A blurry photo without a timestamp or location will be useless and irrelevant. Whereas, when you make it a point to work with a licensed private investigator, you get proper and well-documented evidence that, in the long run, helps to strengthen your divorce case.
How Licensed Investigators Help to Protect Your Confidentiality
You are already fighting a lone war, especially with your divorce. As such, you deserve privacy so that you can focus on the case, rather than worrying about other constraints. So, it becomes necessary to work with a private investigator who keeps every detail of your case strictly confidential. This is why they will share information only with you and your attorney. Also, your spouse will never have any inkling of an active investigation unless the evidence itself surfaces through the attorney.
This discretion protects you from confronting your spouse before you are ready to act on your current evidence. Keeping your spouse completely in the dark ensures they will not alter their behavior, as they will never suspect you are watching them. This confidentiality lets you make the call of your own free will, without any duress.
What is it like to work with us at Sneaky Cat Private Investigation?
At Sneaky Cat Private Investigation, we understand your concern. That is why we make it a point to help you. We provide surveillance and evidence gathering services for divorce and custody cases across Oklahoma. All investigations stay within Oklahoma’s legal boundaries. Besides, our main objective is to help you prepare the right documentation your attorney can use in court.
By hiring one of our professionals, you will receive regular case updates. We also maintain clear, transparent communication to help you understand what is being documented and how. If you have serious concerns about our ability, please review our investigation and surveillance services here. You will then gain a clear understanding of how this process fits your specific situation.
Final Thoughts: The Importance of Making the Right Call
Evidence gathered through surveillance can really make a positive impact in your divorce proceedings. However, the main focus should be on collecting information legally and documenting everything properly. There is nothing wrong with your intention to save money, because divorce cases can be expensive. However, that doesn’t mean you must cut corners by trying to gather the evidence on your own.
Right before putting your spouse under surveillance, make sure to consult with your family attorney. You must clearly understand the rules and whether an investigation makes sense for your specific situation. Your attorney is also in a better position to elaborate on what type of evidence will come in handy in your case.
By all means, you deserve a fair outcome in your case. So it makes sense to gather all the evidence legally and document it in a proper format. This is only possible when you work with the best private investigators in Oklahoma. To learn more, you can explore Sneaky Cat Private Investigations’ full range of services here. You can also speak with one of our representatives to start the investigation today. Don’t worry; with us around, you have nothing to fear.
