Property, divorce, family matters

Observation in Divorce, Family and Property Cases

Gathering evidence in a divorce,family or property case, consists primarily of observation, which is designed to collect evidence of possible infidelity, or other actions to the detriment of our client. In our company this is handled by our employee-detective in divorce, performs very important functions. His goal is to verify possible suspicions and process them into evidence that our client can use in Court or otherwise.

There are many myths circulating about the possibility of detective work, including the possibility of setting up wiretaps, installing peeping lights, etc. I regret to say that a detective, according to the Law on Detective Services of 2001, as amended, has no right to use any technical measures that are reserved for the relevant services, which, of course, does not exclude their use, as such measures can be used by anyone on their own, exposing themselves to civil action by the person against whom it was used, but in divorce cases such cases very rarely occur.

When accepting an order from a client, we first fully familiarize ourselves with the current facts and agree, in an effort to choose the best solutions, what activities we will carry out and at what time. We then proceed with the activities, during which we are in constant contact with the client. It is the client who decides at what stage we finish our work and whether the evidence we have collected satisfies him, we, of course, rearrange our position and possible conclusions and suggestions, but the final decision belongs to the client, which allows him to fully control the expenses incurred for our services. A detective must approach divorce cases with delicacy and precision.

What you should know before going to Court:

The court considers the case in hearings; in divorce cases, the first case is always conciliatory, so expect several hearings, unless the spouses agree to divorce without adjudication of fault.

The court compulsorily interrogates both spouses during the hearings. During the trial, the parties can submit new evidence motions, including those collected by the investigator, witnesses can be requested, experts can be called, etc.

During the trial, for some time, the court may refer the case to a mediator if it considers that there is a possibility of maintaining the relationship or considers that matters such as child custody will be able to be determined by the parents with the help of a mediator. A detective for family matters also pays a lot of attention, and here, too, evidence of who should have less and who should have more rights over, for example, children, can be useful.

Mediation can also deal with alimony, parental authority, etc. The costs of mediation are borne by the spouses. It also follows directly from this that the detective for property cases, also collects evidence and helps the client get as much information as possible on the subject.

The settlement of a divorce is the judgment of the court, the court, in addition to granting a divorce, can also decide on:

alimony for the aggrieved spouse

child support

the use of the shared apartment

contact with the children

Matters related to the division of the joint property of the spouses are not subject to adjudication in a divorce case, and require the filing of a separate action.

FAQ

Can a detective help you prepare for a court hearing?

A detective can be an invaluable help in preparing for a court hearing, offering a wide range of services that can increase the chances of a successful outcome of the case. A professional from Warmix Detective Warsaw agency can:

Gather evidence: Detectives can collect tangible evidence, such as documents, photographs or video recordings, which can be used in court to support or refute certain claims.
Observation and tracking: Professional observations of people or places can provide key information about behavior, routines and interactions that may be relevant to the case.
Financial analysis: In property cases, investigators can conduct detailed financial analysis to identify hidden assets or income.
Report preparation: The information and evidence gathered is compiled into professional reports that can be presented in court as evidence.

What does a detective do in a divorce?

A detective in divorce handles a number of tasks that can be crucial to the outcome of a case, including:

Evidence of infidelity: Gathering evidence of one spouse's infidelity, which can influence the court's decisions regarding property division or child custody arrangements.
Asset analysis: Detailed examination of spouses' finances and assets to uncover hidden assets or fraudulent financial transactions.
Monitoring behavior: Observing and documenting behavior that may affect child custody or child support issues.

What are the main functions of an investigator in family cases?

In family cases, the detective's main functions include:

Gathering evidence of neglect or abuse: This evidence can be crucial in child custody determination cases.
Tracking and documentation: Tracing behavior and contacts that may affect family cases, such as in the context of child custody or child support.
Verifying the reliability of information: Verifying claims and information presented by parties in family cases, which may include verification of residence, employment or lifestyle.

Can a detective use technical means of surveillance?

Detectives may use various technical means of surveillance, but they must operate within the limits of the law, which means:

Prohibition of illegal wiretapping: Any surveillance activities must not violate the right to privacy and confidentiality of correspondence.
Restrictions on access to information: Detectives may not illegally access protected data, such as bank accounts or email.
Consent to observation: In some cases, detectives may observe individuals in public places, but must avoid privacy-invasive activities.

What steps does a detective take when collecting evidence in property cases?

A detective for property cases takes a number of steps to effectively collect evidence, including:

Document analysis: Reviewing financial documents, contracts, bank accounts in search of irregularities.
Physical observation: Monitoring and documenting transactions and movement of property.
Interviews and witnesses: Interviewing individuals who may have information about assets and transactions.

What are the detective's limitations in collecting evidence?

Restrictions on the detective's activities stem primarily from laws that impose a number of prohibitions, including:

Invasion of privacy: Detectives must avoid activities that could be considered a violation of privacy or confidentiality of correspondence.
Hacking into information systems: Any attempt to gain unauthorized access to information systems is prohibited by law.
Crossing property boundaries: Detectives are not allowed to enter private property to obtain evidence without permission.

JWhat are the stages of cooperation with a detective in a divorce case?

Cooperation with a detective in a divorce case usually involves several stages:

Initial consultation: Discussing the case, goals and expectations of the detective.
Strategy planning: Determining the best methods and techniques for collecting evidence.
Implementation of activities: Conducting detective activities such as observations, evidence collection and documentation.
Reporting and analysis: Provide the client with the information and evidence collected in the form of reports.

Does the client have control over the completion of the detective's work?

The client always has full control over the termination of the detective's work and can decide to terminate the cooperation at any time. The detective should comply with the client's wishes by providing all materials and information collected up to that point.

What are the stages of cooperation with a detective in a divorce case?

Is it worth using a detective for property cases?

In property cases, the detective performs a number of activities to safeguard the interests of the client and help solve financial or legal problems. The main tasks include:

Financial investigation: Analyzing financial movements, searching for hidden assets, tracking transactions and investments that may affect the property case.
Asset documentation: Gathering information about real estate, vehicles, businesses and other valuable assets that may be the subject of litigation or division.
Verification of liabilities: Verifying financial obligations, loans and other encumbrances that may affect the value of assets
Gathering evidence: Gathering evidence of fraudulent practices, such as hiding assets, falsifying documents or cheating, which may be relevant in court cases.

Is it worth using an investigator for property cases?

Using a detective in property cases can bring a number of benefits, especially in complex cases where it is difficult to get a clear picture of the other party's financial situation. It is worth hiring a detective because:

Professionalism: Detectives have access to tools and methods that allow them to efficiently gather information and evidence that are unavailable to the average person.
Time savings: A professional investigation can significantly speed up the process of resolving property cases, especially in cases where time is of the essence.
Objectivity: the detective, as an outsider, approaches the case objectively, which ensures neutrality and impartiality in the evidence collected

Are detective services safe?

Detective services for divorce, provided by licensed and experienced professionals, are usually safe and conducted with the highest ethical and legal standards. To ensure safety and privacy:

Compliance with the law: Licensed detectives operate in accordance with applicable laws, which guarantees the legality of the activities carried out.
Discretion: Detectives treat all information obtained in the course of an investigation as confidential, ensuring client privacy and data protection.
Compliance with professional ethics: Detectives adhere to codes of ethics that define standards of conduct in various situations, ensuring morality and integrity in their operations.

When choosing a detective, it's a good idea to check his or her credentials, experience and reviews from other clients to ensure the quality and safety of the services provided.