In marital investigations, one of the spouses will approach the investigation office to find out whether their spouse is committing adultery.
The private investigator tracks the spouse in question several times in order to check whether there is some truth to the matter and if they are really having a romantic relationship outside of wedlock.
The investigation office and / or the private investigator must come up with proof, video footage and / or photographs of the spouse proving the adultery. The video footage or photographs will help the betrayed spouse in the divorce case in a rabbinical court and / or family court.
In these type of investigations, the investigator acts as a sort of “psychologist”. Actually, the spouses are supposed to share their joint property that they have acquired throughout the years, but as emotions flare, there is great animosity, the betrayed spouse wants revenge, and the children are used as pawns or bargaining chips.
The private investigator is supposed to represent his client faithfully. On one hand to provide the necessary evidence in the line of the investigation, and on the other hand to guide the client in a rational way and not let the client lose his/her head due to revenge.
The investigator needs to be very sensitive in case he does discover an adulterous spouse. He needs to know how to convey the message in a calm fashion to the betrayed spouse.
In this type of investigations, besides the sensitivity needed by the investigator, he must also know the limitations of the law regarding the investigation.
When conducting surveillance in public areas the investigator can photograph the adulterous spouse. Once the adulterous spouse enters a hotel room, apartment building, etc, the private investigator is not allowed to take photographs of the insides since that would be invasion of privacy. Photographing someone in private is limited and permitted for damages investigations (for insurance companies) and for an employer who has a “sickly” employee.
Private investigators and investigation office owners who did not have boundaries, found themselves being sued by 3rd parties for breaking the law and invading their privacy.
The investigator must know the fine details in the “Private Investigator law” and to know when he can continue the investigation and the photographs and where must he stop in order not to break the law.
Many investigators do not provide their clients with credible information in such investigations. They simply promise their clients that they will “incriminating photographs” that are needed for the rabbinical courts according to the Jewish law and where one can see.”the brush inside the tube.”
According to the law, a private investigator is not permitted to photograph a woman having sexual relations without her consent. Even the Supreme Court dealt with this issue several times following photographs that were taken by a private investigator showing a married individual having sexual relations and this evidence was not admitted in court since it was an illegal invasion of privacy.
Private investigators and investigation office owners have been put to trial many times due to their lack of knowledge of the law and their strong urge to find “incriminating footage” for one of the spouses, even if it is against the law.
Lately, a precedence was published by the great rabbinical court (regarding joint property of couples) in which a woman that has been unfaithful to her husband will not be entitled to a fair share of the shared property during the divorce. (see the enclosed article from “The Marker” from 18.02.07)
Locating hidden listening devices
According to the law, wire taps are when the listening party is not part of the conversation. There is a common mistake amongst clients who are going through a divorce, that the husband / wife can wire tap the telephone since it is registered under their name.
A private investigator that is knowledgeable in the law should explain this matter, since tapping the telephone line at home is considered a “wire tap”.
Wire tapping has been defined in the wire-tapping law 5739-1979, as one who listens in on a conversation without the consent of the participants of the conversation. A wire tap can be on a land line, a mobile line, a wireless communication device, fax, or computer communication.
The law states:
“one who knowingly makes use and without lawful authorization of information or conversation that has been obtained by wire-tapping, whether by law or not, or knowingly discloses information or conversation to an authorized person, shall be imprisoned for 5 years.
The person placing or installing a hidden listening device not in accordance to the law, to be used for the aforesaid reason, shall be imprisoned for 5 years.”
A private investigator is required from time to time to locate hidden listening devices. The locating of such devices is done using sophisticated equipment (spectrum analyzer) that scans all frequencies in the vicinity in order to detect any transmitters that have been hidden in the room.
Many private investigators make due with examining the phone lines inside the house and / or business and do not inspect the junction boxes of the telephone company. A professional private investigator is supposed to conduct a comprehensive examination in order to locate any hidden listening devices, in the immediate vicinity and in the surrounding area where the telephone line is installed.
Moreover, it is recommended to inspect the vehicle of the client as well in order to check whether it has been “tapped” with sophisticated bugging equipment.
Private investigators that are not fully versed or experienced with the law, may encourage their clients to perform a wire tap without explaining to them the implications of this offence and without detailing the criminal charges that may be incurred.
By law, an investigation office or and / or a private investigator are allowed to sell listening devices to anyone who is interested, but they must explain the criminal charges that might be committed by the mere act of using these devices. Even law enforcement agencies, military and special units are not permitted to perform wire taps without a warrant by a district court.
Sometimes, couples that are involved in a dispute and are in the midst of a divorce case, take the law into their own hands under the premise, that even if they get caught, their spouse will not press criminal charges against them with the police. This assumption is not always correct!
A private investigator does not have the right to conduct wire taps under the license given to him by law.
Often, an investigation office will be hired to conduct a background check of the bride or groom to be before the wedding. Usually the request comes from the parents of one of the sides without the knowledge of the couple.
In such an investigation, the investigation office and / or the private investigator are required to conduct a background check on one of the couple.
The investigation is usually comprised of the following: where did they go to school, what were their grades, did they have severe behavioral problems. The investigation also focuses on their military service: did they serve in the army, and if so, what is their medical military profile. In the course of the investigation, the health statues will also be checked: are they suffering from any hereditary / genetic diseases.
We will also check the legitimacy of any academic degree that one of the couple claims to posses. Furthermore, we will also check if they have businesses that they claim to own, check the financial situation, if there are any debts, etc.
It is also recommended to check whether they have a criminal record.
Common law marriage
According to the law, “common law spouse” is entitled to the same rights as a legal spouse, upon the death of their life partner. Specifically, they are entitled to receive the pension from the work place of the deceased. There are set criteria according to the law when a “common law spouse” is in fact so and is therefore entitled to the same rights as a legal spouse.
C.I.B – Civil Investigation Bureau works with factories that are sued for pensions in such cases, in order to prove or discredit such claims. Among our biggest clients: the Israeli Electric Company.
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