The Evidentiary Value of Private Investigations in Family Law

The suspicion of marital infidelity represents one of the most painful and complex moments in a couple's life, bringing with it not only a significant emotional burden but also urgent questions about the legal consequences of such a discovery. When considering initiating separation proceedings, understanding how to transform suspicion into legally valid evidence is crucial. As a lawyer specializing in family law in Milan, Avv. Marco Bianucci assists clients daily who need to clarify their marital situation, explaining that the goal is not simply to know the facts, but to acquire elements usable in court to obtain the potential attribution of separation fault. In fact, not all evidence collected is admissible: proceeding without precise legal guidance can compromise the outcome of the trial or, worse, expose one to counterclaims for privacy violations.

Regulatory Framework: When it is Lawful to Resort to an Investigator

In the Italian legal context, marital infidelity can be grounds for requesting the attribution of separation, i.e., the determination that the end of the marriage is attributable to the culpable conduct of one of the spouses. However, jurisprudence is clear: the betrayal must be the triggering cause of the crisis and not the consequence of a relationship already irreparably compromised. To demonstrate the causal link, reports provided by private investigators can play a relevant evidentiary role, but they must comply with strict legality criteria. Investigative activity must be carried out in full compliance with privacy regulations, and the data collected must be relevant and not exceed the defensive purpose. It is important to emphasize that the investigator's written report, on its own, could be contested by the opposing party; for this reason, in civil proceedings, it is often necessary for the investigator themselves to be called to testify to confirm what is reported in the dossier. Evidence obtained in violation of the law, such as abusive environmental interceptions or unauthorized access to computer devices, is inadmissible and can lead to criminal penalties for those who commissioned or carried it out.

The Strategic Approach of the Bianucci Law Firm

Avv. Marco Bianucci, a lawyer specializing in matrimonial law in Milan, adopts an extremely cautious and strategic approach in the use of private investigations. The firm's philosophy is not to encourage indiscriminate investigation, but to coordinate the detective's activity with the overall defense strategy. Before entrusting any assignment to an investigative agency, a preliminary analysis is carried out to assess whether the potentially obtainable evidence is decisive for the outcome of the case, particularly for obtaining the attribution of fault or for issues related to child custody and the determination of maintenance payments. The Bianucci Law Firm collaborates exclusively with authorized and proven reliable professionals, ensuring that all surveillance or photographic documentation activities are carried out within the limits imposed by law. The goal is to build a solid evidentiary framework that cannot be dismantled in court, protecting the client from legal risks and optimizing the financial resources invested in the investigative activity.

Frequently Asked Questions

Are photos taken by a private investigator always valid in court?

Photographic and video evidence collected by an authorized investigator is generally admissible in civil proceedings, provided that it was acquired in public places or places open to the public, without violating the spouse's domestic or private sphere of intimacy. However, its evidentiary effectiveness is greatest when supported by the investigator's testimony in court, confirming the veracity of what was documented.

Can I claim reimbursement of investigative expenses from the unfaithful spouse?

In principle, expenses incurred for a private investigator can be charged to the losing party at the end of the trial, if the judge deems them relevant and necessary for the exercise of the right of defense. However, the decision is discretionary and depends on the outcome of the case and the magistrate's assessment of the reasonableness of the costs incurred in relation to the importance of the evidence.

Is it legal to check my spouse's phone or computer for evidence?

Absolutely not. Illegally accessing your spouse's phone, emails, or social media profiles, even if you suspect infidelity, constitutes a crime (unauthorized access to a computer system) and a serious violation of privacy. Evidence obtained in this manner is inadmissible in civil proceedings and exposes the person who collected it to serious criminal consequences. It is essential to always act through legal channels and authorized investigators.

How much does it cost to hire a private investigator in Milan for an infidelity case?

The costs of a private investigation vary considerably depending on the complexity of the case, the duration of the necessary surveillance, the number of agents employed, and the technologies used. There is no fixed standard fee. During a consultation at the firm, Avv. Marco Bianucci can help you evaluate the investigative agency's quote in relation to the expected benefits of the case, to ensure a sustainable cost-benefit ratio.

Is proving infidelity enough to obtain the attribution of separation?

It is not automatic. As a lawyer specializing in family law, Avv. Marco Bianucci always clarifies that to obtain the attribution of fault, it is necessary to prove that the infidelity was the exclusive or prevailing cause that made the continuation of cohabitation intolerable. If the marriage was already in crisis for other reasons before the infidelity, the judge may not pronounce the attribution of fault.

Request a Case Evaluation

If you suspect infidelity and are considering the legal implications for a separation, it is essential to proceed with caution and professionalism. Do not take impulsive actions that could compromise your position. Contact Avv. Marco Bianucci at the firm located at Via Alberto da Giussano, 26 in Milan, to plan an effective defense strategy and correctly assess the opportunity for a private investigation.