Family Court Investigations
Divorce • Child Custody • Alimony • Adultery • Child Visitation Issues
How can a Private Investigator help me with divorce, child custody, alimony or other Family Court issues?
Your lawyer will tell you that in order to succeed in Family Court, you must have proof that is both admissible and convincing. Licensed, experienced Private Investigators in Lexington SC and Columbia SC can not only testify regarding what they observe during surveillance, but they can obtain video, photographs and other powerful evidence. Judges tend to view the testimony of an independent, licensed investigator more favorably than testimony of friends, family members and even the parties themselves, because the investigator is merely reporting what was observed, and has no stake in the outcome of the case itself. The grounds for divorce, the division of marital property, custody, visitation and even payment of attorney fees, investigator fees and other costs can depend on, among other things, proving who is more at fault in the breakup of the marriage. In custody and visitation issues, independent verification of activities or conditions harmful to the child is crucial. The other parent will always be on their best behavior for a Guardian ad Litem, but a Private Investigator can document conditions and activities when the other parent doesn't know they're being watched. Your lawyer can go into these issues in more detail, so be sure to ask.
At Byrd, Stillinger & Associates, we have the experience, expertise and delicacy to handle these investigations with the professionalism you expect to deliver the results you need. Because our staff is uniquely qualified, we know how to collect the right proof, in the right way that will be admissible and convincing in court.
Frequently Asked Questions:
What exactly do you mean by “Surveillance”?
I'm embarrassed just talking to someone about this.
What if I’m wrong?
Is this kind of surveillance legal?
How much does it cost to hire a Private Detective?
How is the surveillance plan established?
How many investigators are used on a surveillance case?
What do I do once the surveillance is set up?
Will the person being watched find out that they are being watched?
What evidence will I receive at the conclusion?
Can’t I just get a friend or relative to follow my partner?
Are there typical signs that someone is cheating?
What exactly do you mean by “Surveillance”?
Surveillance consists of using various methods to document where a person goes, who they see, and what they do. Domestic surveillance is undertaken to find out if a partner is cheating or a former partner/child’s parent is engaging in activities that could be harmful to their children. There are many surveillance techniques, including GPS tracking, use of hidden video equipment to record activity in publicly visible places, and use of investigators to follow and photograph and/or video subjects to document their activities without their knowledge. Video footage, photographic evidence and statements of investigators, if properly obtained and preserved, are powerful evidence in Family Court proceedings.
I'm embarrassed just talking to someone about this.
We regularly get calls from people who suspect their partner or significant other of infidelity or other harmful activities. It is nothing to be embarrassed about. What you are seeking is peace of mind about something you are not sure of. It is natural to seek to determine if your suspicions are real or imagined. We invest a tremendous part of our selves in relationships. It is natural to want to determine the strength and integrity of that relationship. And if you are a parent, it is natural to want to know if your child’s other parent is engaging in activities that could harm your child. You’re doing the right thing by getting the facts.
What if I’m wrong?
If there is no evidence the subject is cheating or doing anything else wrong, you will have gained peace of mind. Since our investigations are 100% confidential, you will not have risked sacrificing the relationship by confronting an innocent person with unfounded allegations.
Is this kind of surveillance legal?
Yes. There are limitations on the nature and extent of surveillance activities, of course. As a SLED-licensed Private Investigation firm, we are bound by the laws and regulations in place to protect all citizens from undue intrusions into our lives. We use state-of-the-art technology and techniques to gain the most information legally possible.
How much does it cost to hire a Private Detective?
Surveillance is billed according to the type of equipment used, the time spent by investigators, and mileage incurred. Rates may depend on when and where the surveillance will take place. As a general rule, in remote areas or in circumstances requiring rapid unplanned response for surveillance, the rates are a bit higher. Before the case is started, a strategy is established depending on the circumstances and your needs. Once this plan is in place a budget can be established. A retainer is required in advance of the work being conducted, which can vary according to the needs of each case and client. Payments can be made by credit card (over the phone if you wish), cash, check or money order. Click here for more information on our fees.
How is the surveillance plan established?
Planning is often more important than execution. The better job we do of designing the surveillance, the more likely it is to be productive and cost-effective. Because you know more about your partner’s/child’s parent’s behavior than we ever will, we rely on you to assist us in identifying the correct time and place to watch them. We need you to determine when they are most likely to be engaged in this behavior and where we should start the surveillance. If you are not able to discern when or where, we will help you identify possible opportunities and focus the investigation. This may involve use of GPS tracking technology or other techniques.
How many investigators are used on a surveillance case?
The number of investigators used depends on a number of factors. Basic surveillance on an individual being followed from home or an uncomplicated work situation can be conducted by one investigator. More complicated scenarios, such as following someone from a high rise office building, airport or hotel require an additional investigator. Other situations where we may recommend a second investigator include fast and aggressive drivers and extra alert drivers who always watch the rear view mirror. Of course, an additional investigator increases the cost of surveillance, and this factor is also taken into consideration in arriving at your budget. For a proper frame of reference, consider the fact that no law enforcement agency would ever conduct surveillance with less than two cars and few do that. The more investigators, the less likely the chance of detection.
What do I do once the surveillance is set up?
Once the surveillance plan is in place it is important that you do not do anything to alert the subject of the investigation. Do not change your habits and do not ask too many questions about their activities.
Will the person being watched find out that they are being watched?
Our surveillance investigations are 100% confidential. We do everything possible to insure the covert nature of the investigation. If we ever perceive that the security of the investigation is threatened, we back off and re-evaluate with your input. No investigation firm can honestly claim that no subject ever discovers their surveillance. However, our state-of-the-art equipment and experienced investigators make discovery unlikely and unusual.
One important point: Never threaten to hire an investigator. This will make the person even more difficult to watch. If you have done this, be sure to tell us ahead of time so we can prepare.
What evidence will I receive at the conclusion?
The evidence collected in Domestic surveillance consists of the video recording(s) of the activities and a surveillance report which details all the activity in writing. Both are submitted to you, or if you wish we can maintain them for you.
Can’t I just get a friend or relative to follow my partner?
Yes, but this creates several problems. A person conducting surveillance without a PI license may be subject to legal action, including arrest, under certain circumstances. A licensed Private Investigator, acting within the law and pursuant to a contract for services, is exempt from prosecution for certain activities that could land a lay person in jail. An untrained person without proper equipment is unlikely to be able to establish or maintain effective surveillance. A friend or relative, if called on in Court, will be portrayed as biased in your favor, and their testimony may prove useless to you. An untrained person is very likely to miss important information, fail to secure proper proof, and also to get caught, not only revealing your suspicions, but possibly putting your friend or relative in danger and ruining any chance you may have had to obtain evidence admissible for court. A licensed investigator can conduct surveillance efficiently and effectively, is an unbiased witness in court, and is much less likely to be discovered by the subject of the investigation. In some cases, you may be able to recover part or all of a licensed Private Investigator’s fees by Court Order. Checking up on your partner by having a friend or relative follow them is not recommended - the risks are great, and the potential benefits are few.
Are there typical signs that someone is cheating?
Statistics indicate that 85% of women who feel their lover is cheating are correct and 50% of men who feel their lover is cheating are correct. If you have suspicions, consider some of the following and be as impartial as possible. Be discreet when looking for information, and even if you feel you know, consult with an investigator and/or an attorney before taking further action. Tipping off your partner about your knowledge of the affair too soon could ruin your chances of obtaining evidence that can be used in court. Adultery can be hard to prove, but it is especially difficult when the subject knows they are being watched. Be patient, use good judgment and seek professional assistance.
Click here for a list of things to look for.
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