How to find evidence of extramarital affair. We will see that many people have no moral restraint on themselves, so irresponsible or unfaithful marriages often occur, which may lead to marriage between two people. , so how to find evidence of extramarital affair?
How to find evidence of extramarital affairs 1 How to collect evidence of extramarital affairs
1. Photos: various photos showing the intimate relationship between the spouse and a third party;
The parties are obtaining During the process of providing evidence of extramarital affairs, taking photos of your spouse and a third party on your own bed is likely to be admissible by the court. Catching your spouse intimately with a third party in your own home, let alone breaking into another person's house, does not constitute criminal liability. However, the parties concerned should not disseminate photos of themselves "catching rape" in public, nor should they personally insult the third party, otherwise the infringement of the third party's reputation rights can be established.
Collecting evidence in public places such as parks and theaters generally does not infringe on the privacy rights of others and is more likely to be accepted by the court. Because behaviors in public places have lost the right to privacy in a narrow sense, it is generally believed that the perpetrator has given up his right to privacy. But in public places, there are more hugs, holding hands, and kisses, and less intimate contact. These intimate photos can hardly prove that the spouse and a third party have a long-term and stable cohabitation behavior. They can only prove from one aspect that they have an improper heterosexual relationship and that the spouse is at fault.
2. Videos: Various videos showing the extramarital relationship between the spouse and a third party;
If the video is taken by the parties in public, it can be used as evidence. If it is secretly filmed, only the video taken in one's own home can be used as evidence, while the video taken through surveillance video in the hotel and the video taken in other people's homes cannot be used as evidence. And the person involved should be able to prove the authenticity of the video, that is, it has not been modified.
The parties concerned can move out for a period of time and install video equipment at home. During this period, useful evidence may be recorded.
3. Written materials personally acknowledged by the spouse and the third party;
A letter of guarantee written by the party having an extramarital affair to the spouse, etc. , admit and promise that you will never have an extramarital affair with anyone again. Such writing can help prove that a spouse is having an extramarital affair.
In litigation, after one party presents a letter of guarantee, the other party may point out that the letter of guarantee is not its true expression of intention. However, if the other party does not have enough evidence to substantiate his or her claim, this reason will usually not be accepted by the court. Because both spouses are mostly persons with civil capacity, they should be able to foresee the consequences when writing this letter of guarantee.
4. Recordings: recordings that can prove that a spouse has an extramarital affair with a third party;
The recording materials of couples discussing extramarital affairs are mainly collected by the parties themselves and do not need to be informed to the other party. If the recording collected by the party admits his extramarital affair, the recording material can be submitted to the court as evidence, but the party must be able to prove the authenticity of the recording, that is, it has not been altered.
5. “110” can be used to “catch an adulterer”
If you find your spouse having sex with a third party outside the city, or living with a third party, you can call “110” to report it If an act of betrayal, whoring or prostitution is discovered, officers performing official duties will enter the house and take notes of inquiries to confirm the fact that the spouse is living with a third party. This kind of evidence is usually accepted by the courts. However, *'s interrogation transcript may not alone prove the continuation of the cohabitation relationship between the spouse and a third party. It still needs to be combined with other evidence to form a chain of evidence.
6. Name, phone number, address, workplace and other information of the person living with your spouse. When the client's information is not detailed, the lawyer can obtain relevant information based on the needs of the case.
7. The phone records and text message list of the spouse having an extramarital affair. Although it cannot directly prove the cohabitation relationship between the spouse and a third party, it can be used as evidence to form a chain of evidence.
The court will generally accept evidence that is legal in form, true in content, and non-infringing.
How to find evidence of extramarital affair 2? How to collect evidence of extramarital affairs and investigate and collect evidence of extramarital affairs?
1. Evidence of extramarital affair - emails, chat records
Letters, emails or chat records between the other party and a third party. This kind of evidence of extramarital affairs is generally difficult to be admitted by the court, because it is difficult to ensure that the evidence provided by the parties has not been tampered with.
When extracting emails or chat records, it must be notarized at a notary office. It is difficult for the court to accept evidence of extramarital affairs such as emails or chat records extracted by oneself.
2. Evidence of extramarital affair - guarantee or repentance.
A letter of guarantee written by the party having an extramarital affair to his spouse, etc. , ensuring that he will never have an extramarital affair with anyone else again. Such writing can also help prove that a spouse is having an extramarital affair. So this kind of "written evidence" can be used as evidence of extramarital affairs.
3. Evidence of extramarital affair - photos
Various photos showing the intimate relationship between one spouse and a third party can be used as evidence of extramarital affair. So how do you collect photos as evidence of an extramarital affair? In order to obtain evidence of the other party's extramarital affair, some people will choose to hire a "private detective" to follow the other party and then take photos of the other party's extramarital affair. Because the acquisition of evidence of extramarital affairs should be legal, special attention should be paid to the legality of the evidence of extramarital affairs during the operation, so as to achieve the purpose of providing effective evidence of extramarital affairs in the court divorce.
4. Evidence of extramarital affairs - videos
Various videos showing extramarital affairs between couples and third parties. This kind of extramarital affair is difficult to collect evidence, and can easily cause conflicts, infringe on other people's privacy rights, and may also trigger lawsuits for infringing on other people's privacy rights, so it is generally not recommended.
5. Evidence of extramarital affairs - recording
Recorded materials when a couple negotiates on the issue of one party having an extramarital affair. If the recording collected by the party admits that he or she is having an extramarital affair, the recording can be submitted to the court as evidence of the extramarital affair. However, when submitting recorded data, a party should be able to demonstrate that it has not been modified.
The above five types of evidence of extramarital affairs need to be collected. In order to allow the judge to make a comprehensive judgment based on the evidence of extramarital affairs when hearing the case, matrimonial lawyers recommend that you collect as much evidence of one party's extramarital affairs as possible to form a complete chain of evidence for the court to determine.
How to find evidence of extramarital affairs 3? What is an extramarital affair?
Extramarital affairs refer to the feelings between men and women outside the existing marriage and family, commonly known as affair and feelings. It usually manifests as having a lover other than the married wife (husband) behind the back of the wife (or husband) and family. Extramarital affairs are generally relatively hidden and are a time bomb in marital life, often causing complex social problems. Extramarital affairs generally have two development directions: one is to develop into a marriage relationship, and the other is to destroy the family and lose both people and money.
The meaning of the word extramarital affair varies from person to person, and some people describe behavior that does not apply to others. Apparently, women tend to define extramarital affairs as deeply emotional relationships and view spontaneous extramarital sex as philandering or having an affair.
Even the seemingly clear word "infidelity" has different definitions. Among men, half believe that having sex with a call girl while on a business trip is not true infidelity. In their view, infidelity is defined as loving another woman, dating frequently, and spending a portion of the family income on her. The ambiguity of these definitions is partly due to the lack of consensus on the frequency of extramarital affairs and the most common forms of extramarital affairs in China.
When some plaintiffs sue the court, they cite a large number of witness testimonies in order to claim that the other party has an extramarital affair. However, these evidences are indirect evidence and are not supported by direct evidence. Without the denial of the other party, the court will be denied.
Second, pay attention to collecting five key types of evidence:
1. "Letter of Guarantee", "Letter of Apology", etc. , the extramarital affair is suddenly exposed, and one party writes a letter of remorse in despair, which is the key evidence of the extramarital affair;
2. Whoring, prostitution, etc. , usually with police intervention and police transcripts;
3. After the unit verifies the employee’s extramarital affair, it will sometimes deal with their life style issues;
4. Letters, text messages, emails, etc. Everything exchanged between the two parties, except for written evidence, should be notarized first and then submitted to the court;
5. When you are caught raping in bed, it is very difficult to collect this kind of evidence. You can take photos and videos to obtain real evidence.
If the divorce is due to one party’s reasons or even if the divorce is not in the name of husband and wife, but the person cohabits outside of marriage and commits or other acts to abuse or abandon family members, the non-fault party has the right to claim damages.