It’s a theme now at the center of media debate. Privacy, verifiability, legitimacy and authenticity of valid evidence for the process are hot topics as movies and TV series to which we have become fans. But that’s not all that simple. As the image of Tom Cruise in A Few Good Men that, holding a baseball bat is the solution to bring in court her evidence, is still really sexy and charming, in reality it does not work all that. The lawyer’s role is becoming more complex and often in a single judgment may be linked also different strands in opposition. The only solution is to find concrete evidence for each step of the process that can be the most reliable tool to overcome misinterpretations.
In this and future articles we will write all the possible cases in which the evidence retrieval is critical.
Today we pause marital infidelity.
Let’s take a practical example. Going by his lawyer saying: “I suspect that my husband has a lover” is not the way to start a separation that will get us no victory in court. The lipstick stain on his shirt or too many hours working in the office is no evidence but only clues to become valid must be “serious, precise and concordant with each other.”
If your spouse cheated on you endeavor to obtain by only the people of the treason trials, could be violating his privacy. Check the phone, follow or even listen to your private conversations without his consent is not legally sound. Moreover, there is evidence – as the testimony of a relative or a friend – who in court are not quite relevant.
Recently, moreover, we came across an interesting article that explains how you can find evidence of a betrayal of whatapp facebook or subtracting from your phone or tablet to your spouse and trying to enter his private archives of the phone. The point, however, is this: both the civil criminal code that were written before the advent of social networks, therefore, although many judges have now adapted to the technological practice, the evidence gathered illegally (violating the confidentiality of your spouse) have not value in the process.
Therefore, e-mail, messenger, whatapp, facebook, etc. albeit morally valid they are often not accepted in court. It is “mechanical reproductions” that have test value only if they have not been challenged by the counterparty.
But why is it important to have evidence in case of betrayal?
It depends on the type of separation. If you want to leave on good behavior, without anything to claim it for the past, nor the present, just a nod and a signature in court. You agree that you have and you go along. As the story goes, however, it is not like that in real life. A betrayed spouse is also reinforced civilly and when separation occurs due to wrongful conduct of one spouse, the latter undergoes what is called “charge.” maintenance fee, custody, allocation of goods and everything that goes with it for individual cases in court are charged to him.
To ensure the betrayal, however, the court needs evidence. If text messages, email and social networks can be not admitted as evidence, a photograph (taken by a detective for example), a report of an investigator or even his own testimony can facilitate much the certainty of the evidence and their acceptance in court.
The detective, today, is in fact a professional with high expertise in the field. A specialist whose expertise is now required in many cases and spread widely both in Italy and abroad. An investigator knows how to collect valid evidence for the various judgments in court and is aware of what it takes to really win.