What is admissable...?


#1

Dear SadNewlyWed:

Greetings. My suggestion is that you first speak with a criminal attorney to ensure that your activities are within the law. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you Janet.

I know that my activities are within the law. There is a GPS device on the vehicle that my spouse operates. My name is on the loan for that vehicle.

What I’m interested to know is if the information that I gather is admissable, or if a “licensed professional” has to be the one to gather the evidence that my husband is places where he shouldn’t be, shall we say. I want to ensure that any information gathered is taken into consideration if divorce is eminent.

Thank you in advance.


#3

Dear SadNewlyWed:

Greetings. The information should be admissible, although I question the legality of it (but I am not going to research the same at this time). I do not think that the legality of the tracking device has to do with whose vehicle it is, but as I said, I am not a criminal attorney. If I were arguing against the information, you would be better off hiring a Private Investigator to follow him and have first hand knowledge. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

If I monitor my spouse’s activities; i.e.; with a GPS, or by monitoring phone records, would that be considered “admissable” if I find that he is bein unfaithful? I spoke with a Private Investigator and if I understood correctly, it would not be. Can you please elaborate on what is admissable & what qualifies as “intent” as far as initiating an affair/contact w/another outside of the marriage?
I really appreciate your help.