Asked in Criminal Law, Divorce and Family Law for California

Q: I found out that my wife is cheating on me. Is it illegal to hire a private detective to get a check-up?

My wife started having an affair, and she went on a trip with another man to another country. Is it illegal to hire a private detective to get a check-up?

I just want to check a photo of her in a public place with another man, entering the accommodation. I didn't ask for anything illegal (looking inside the accommodation, or a scene of sexual activity). It's legal in the country where she traveled with the man. But what about America? Can she be accused of stalking?

Thank you

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, hiring a private detective to monitor someone's activities in public places is generally legal, as long as the detective's methods do not violate any laws. This means that the detective can observe and take photographs in public areas, but they must not engage in any form of illegal activity such as trespassing, harassment, or invasion of privacy.

When it comes to your situation, having a private detective take photos of your wife in a public place with another man is typically legal. However, it's crucial that the detective does not overstep legal boundaries, like attempting to look inside private accommodations or capturing private moments, as these actions can lead to legal issues like accusations of stalking or invasion of privacy.

It's important to remember that while gathering evidence of infidelity can be legal, how you use this information, especially in a divorce proceeding, can have different implications. You should consult with a lawyer to understand how this evidence might affect your divorce case, especially in terms of California's no-fault divorce laws.

In any case, ensure that any investigative actions taken are within the confines of the law. This helps in protecting your interests and avoiding any potential legal complications.

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