Facing a marital crisis often brings painful doubts and the need to clarify fundamental aspects of family life, such as a partner's fidelity or the actual extent of joint assets. As an expert lawyer in family law in Milan, Avv. Marco Bianucci frequently receives requests from clients who wish to know if it is lawful to hire a private investigator to gather evidence for use in potential separation or divorce proceedings. The answer is affirmative, but it requires precise knowledge of the limits imposed by law to protect privacy. This is not about simple curiosity, but about building a solid defense strategy based on concrete elements admissible in court.

The legitimacy of private investigations in family law

The Italian legal system recognizes the possibility of using authorized private investigators to protect one's rights in court. However, investigative activity is not a free zone and must adhere to strict rules to avoid becoming unlawful. The evidence gathered, to be usable, must not violate the constitutionally guaranteed sphere of privacy of the spouse. For example, it is lawful to tail a spouse in public or publicly accessible places to document associations or behaviors incompatible with marital duties, but it is strictly forbidden to enter another's home, install listening devices at home, or illegally access electronic devices such as password-protected smartphones or computers. Violation of these rules not only renders the evidence unusable in civil proceedings but also exposes the person who commissioned the investigation to serious criminal risks.

When it is useful to hire a detective

The recourse to an investigation professional becomes strategic primarily in two areas. The first concerns the request for attribution of separation: if the marital crisis was caused by a breach of the duty of fidelity, documenting the infidelity through investigative reports and lawfully taken photographs can be decisive in obtaining the attribution of blame to the other spouse. The second area, often even more relevant, concerns economic matters. An investigator can be fundamental in uncovering undeclared work activities (undeclared work), a lifestyle inconsistent with official income, or hidden assets, which are essential elements for correctly determining the amount of spousal or child support.

The approach of the Bianucci Law Firm to defensive investigations

Avv. Marco Bianucci, thanks to his consolidated experience as an expert lawyer in family law in Milan, does not limit himself to advising the use of an investigator but integrates this activity into an overall legal strategy. Collaboration occurs exclusively with authorized and proven reliable investigative agencies operating in the Milanese and national territory. Before assigning any task, the firm carefully assesses whether the sought-after evidence is actually necessary and relevant for the purposes of the case. The goal is not to gather indiscriminate information but to obtain an unassailable evidentiary dossier that can withstand cross-examination in court. The investigator, if necessary, will then be called to testify in court to confirm what is reported in their written report, thus transforming the investigation's outcomes into testimonial evidence in all respects.

Frequently Asked Questions

Is it legal to install a GPS tracker in the spouse's car to track their movements?

The installation of a GPS device in a car used exclusively by the spouse, without their knowledge, is considered by prevailing jurisprudence to be a violation of privacy and can constitute a crime. Evidence obtained in this manner is generally inadmissible in court. It is essential to consult with a lawyer before taking such actions.