The way to get evidence for an extramarital affair

20/giu/2018 09:18:56 davisyellow Contatta l'autore

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There are three basic forms of extramarital affairs

The form of adultery that occasionally has sexual relations with an alien;

2. The form of cohabitation in which couples live together continuously and stably without the name of husband and wife;

Bigamy in the name of husband and wife.

Of the three forms, bigamy is a criminal offence and is subject to criminal punishment. However, "cohabiting with another person with a spouse" only bears civil legal liability, and the no-fault party can claim damages accordingly. If you have sexual relations with a person of the opposite sex from time to time, you are generally not liable for civil liability. Divorce is caused by adultery. If there is sufficient evidence from the no-fault party, the other party shall bear the fault liability.

How to get evidence for extramarital affairs:

First, extensive collection of indirect evidence to form a chain of evidence

In extramarital affairs, obtaining evidence is a difficult problem for many parties. In general, it is almost impossible to obtain evidence of "caught in bed". Therefore, it is necessary to collect as much indirect evidence as possible, such as checking the telephone call record quarter, text message content, correspondence letter and so on, it is better to get the image data by photographing. If the spouse and the lover that buy a house or rent a house outside live together, a contract, the parties may collect real estate company, or rent property company about two people rent, pay the property management fees, utilities and other relevant evidence. Also, such as hotel bills, audio-visual materials, witness statements, public security organs, etc. The ability to form a tight chain of evidence is crucial to winning a case.

Second, it is possible to obtain evidence by the court

In the process of obtaining evidence for extramarital affairs, the person concerned is more likely to be accepted by the court if he/she takes photos on his/her own bed of his/her spouse having an improper relationship with a third party. It is not a criminal responsibility to capture a spouse in his own home who is close to a third party and cannot talk about breaking into another person's house.

However, the parties concerned should not spread the photos of their own "arrest and rape" in the public, nor should they insult the third party. Otherwise, it is possible to infringe the right of reputation of the third party.

Third, "arrest and rape" in other places can be referred to "110".

The parties concerned shall not break into another person's house to obtain evidence of the cohabitation of the spouse and the third party. Because such a way of obtaining evidence is not legal, it may cause the problem of trespassing. Meet this kind of circumstance, such as to determine the parties husband dwell with a third party, the best way is to dial "110" alarm, by the public security personnel on duty of into the house, and then ask the pen fell, which confirmed spouses living together with the third party the fact that such evidence the court will generally adopted.

Fourth, evidence collection in public places can be adopted by the court

The litigant obtains evidence in public places such as parks and movie theaters, generally will not violate others' privacy, and is more likely to be adopted by the court. However, there are more hugs, handholding and kissing in public places, and less intimate contact. The intimacy of the pictures it is difficult to mate with a third party has a bigamy or long-term stable living behavior, can only from one side to confirm they have improper heterosexual relationships, prove the existence of spouse's fault.

Fifthly, the no-fault party shall act within his capacity to obtain evidence

In the process of dealing with a divorce case, a lot of no-fault party suffer from master not a deviant conclusive evidence, but not voluntarily, I am so exhausted trying to obtain evidence, and even "detective to investigate the company, please, and ignored the investigation of the common property and preservation work. Therefore, the parties concerned must act within their capacity to obtain evidence, otherwise it will not be worth the loss.

 

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