This article will help  you understand the role of private investigators in family law cases.  A private investigator can be a valuable resource in helping reach a successful outcome in a legal dispute.

Q:  What is a private investigator?

A:  Private investigators are a valuable resource in many situations in which an individual’s rights may be involved in legal proceedings. In the Commonwealth of Virginia, the Virginia Department of Criminal Justice Services, (“DCJS”) is the regulating agency for private investigators.  VA DCJS requires that an individual complete the minimum training requirements and pass an exam prior to becoming a registered private investigator.  The range of services that a private investigator can provide is very broad.  A private investigator can investigate most anything on behalf of a client within the scope of what is legally permissible.

Q:  Who hires a private investigator?

A:  Anyone can hire a private investigator, to include law offices, businesses, insurance companies and private individuals.

Q:  What are some reasons to hire a private investigator?

A:   Private investigators are hired for a variety of matters including cases involving family law situations.  The most common type of investigations in family law include but are not limited to establishing adultery (spousal infidelity), investigating child custody and visitation issues, and related to  establishing that someone receiving spousal support is living with another in a marriage like relationship (which can lead to termination of spousal support).

Private investigators are also hired for a variety of other reasons in the arena of family law to include conducting background investigations, establishing a subject’s location, private process service, interviewing witnesses, securing court filings, asset investigations, etc.

Q:  What Should I Do Before I Hire a Private Investigator?

A:  Do your homework.  Before signing a retainer agreement with a private investigator, you should request references for the private investigator.   Additionally, ask for the investigator’s license/registration number and check with the state licensing board to see if any complaints have been lodged against him or her and the results. Importantly, speak with your attorney about the most beneficial way to utilize the investigator.

Q:  Should I hire a private investigator if I think my spouse is cheating?

A:  If you believe that your spouse is cheating, hiring a private investigator would likely benefit you.  A private investigator can determine if your suspicions are correct or provide you with peace of mind if not.  If your spouse is cheating, the private investigator may be able to obtain the evidence that you need to prove adultery which can save a lot of time and legal expense in bringing and/or defending against spousal support claims. Moreover, adultery is a basis upon which you may seek a divorce in Virginia. Such fault based claim can also be very advantageous in supporting your position in negotiation and/or litigation.

Q:  What evidence do private investigators secure to assist in establishing claims of adultery?

A:  Adultery in Virginia must be proven by “clear and convincing evidence”  which is a very high evidentiary standard. Thus, solid private investigator work product is often essential. Evidence commonly secured by private investigators include public displays of affection (PDAs) such things as holding hands, hugging and kissing and the “opportunity” to engage in intercourse and/or sodomy.  Dwellings, hotels and vehicles are the most common places where opportunity occurs.  A private investigator will attempt to obtain photos and/or video evidence of PDA and opportunity and identify eyewitnesses including any paramour.

Q:  Why do I need to prove adultery?

A: Having the proof of your spouse’s adultery can benefit you greatly in the divorce process as it pertains to custody, visitation, division of assets and debts and spousal support.

Q:  If I hire a private investigator to conduct surveillance on my spouse, will my spouse find out?

A:  A professional private investigator can normally obtain the required evidence without your spouse ever knowing that they are being investigated.  However, it is important that you take some precautions prior to contacting a private investigator.  Do not call a private investigator from a phone in which your spouse has access to the call log.  Do not email a private investigator from any email account that your spouse may have access to.  Keep your email and cell phone password protected and change the passwords frequently.  Do not pay the private investigator from any account that your spouse has access to.

Q:  How long does it take to investigate my spouse for adultery?

A:  Every case is different, many adultery cases are completed in less than two months and some in a matter of weeks.

Q:  How can I help the private investigator in the investigation of my spouse?

A:  Try not to change your behavior.  Continue about your relationship as you have.    Do not ask your spouse too many questions about their activity.  Keep the investigator informed of any information that you obtain about your spouse’s activities, which could assist with the investigation such as; schedule changes, plans for overnight trips by you or your spouse, vacations etc.

Q:  Can I legally place a tracking device on my spouse’s vehicle?

A:  No.  In the state of VA, only a private investigator may place a tracking device on someone’s vehicle and only when the owner of the vehicle grants permission. However, if the vehicle your spouse drives is jointly titled, the private investigator, upon your permission, may place a tracker on the vehicle.

Q:  I think my spouse is hiding money from me.  Can a private investigator find secret bank accounts?

A:  Yes, private investigators can run statewide or nationwide searches for bank and brokerage accounts that your spouse may be concealing from you.

Q:  Can a private investigator retrieve the text messages from my spouse’s cell phone?

A:  No.  A private investigator cannot legally do this.

Q:  How can a private investigator help with my child custody case?

A:   In child custody cases, courts are to make decisions in the best interests of the children. In order to provide the court with a clearer picture of what is really going on in the lives of your children, professional and discreet surveillance by a private investigator can help provide evidence for the court to make a sound decision.

Q:  What is  the purpose of a cohabitation investigation?

A:  Many times, by law or by agreement in a divorce settlement, one party agrees to pay the other party a specified amount of spousal support subject to certain terms.  Spousal support is normally contingent on various restrictions that are placed on the receiving party.  A common restriction is that the receiving party may not cohabitate with someone during the period of these payments.  The purpose of a cohabitation investigation is to gather evidence that establishes the receiving party is in fact cohabitating which may be grounds upon which to terminate and/or modify spousal support. 

Q:  How is cohabitation defined?

A:  Cohabitation is a living arrangement in which an unmarried couple lives together in a long-term emotionally and/or sexually intimate relationship that is like a marriage.

Q:  How can a private investigator assist me if my ex-spouse is cohabitating with someone?

A:  If you believe that your ex-spouse is cohabitating with someone, a private investigator can gather the evidence to prove it. Cohabitation may be grounds upon which to terminate and/or modify spousal support.

Q:  What evidence is required to prove cohabitation?

A:  Evidence of cohabitation is gathered to establish that same has been occurring for over an extended period of time, normally one year or more.  The private investigator will gather photographic and/or video evidence of the cohabitants entering and exiting the dwelling and consistently staying overnight together.  The private investigator will also attempt to gather evidence that indicates that there is a romantic relationship between the cohabitants.  Other evidence may include photographs of the cohabitants sharing in household chores such as mowing the lawn, taking out the trash, retrieving the mail etc.  The private investigator may also attempt to gather evidence of shared finances between the parties.

Q:  What types of equipment do private investigators use?

A:  Private investigators use a variety of equipment such as specialized cameras and tracking devices.  The particular situation and applicable law dictate the type of camera which may be utilized.  Covert cameras are typically used for up close surveillance.  Some situations require a camera/video camera equipped with a quality zoom.  During nighttime investigations, night vision cameras are preferred.  Private investigators can also utilize various tracking devices and apps to monitor and record the location of the subject.

Q:  Can a private investigator enter onto someone’s property without the property owner’s permission?

A:  No.  A private investigator must obey all laws.

Q:  Can a private investigator determine who is calling or emailing me?

A:  Private investigators can obtain information from databases that are not accessible to the public and in many cases are able to determine the owner of a phone number and/or email.

Q:  Can a private investigator help me locate someone?

A:  Yes. A private investigator may help locate an individual.  Sometimes people will try to avoid being located which can make it more difficult. The investigator can help identify a current address and may conduct a background check to find old addresses & phone numbers that can assist with the investigation.  Social media sites may also be utilized by the private investigator to assist in locating someone.

Q:  Do private investigators carry firearms?

A:  Private investigators may carry a firearm but must do so in accordance with the state and local laws.  In the Commonwealth of Virginia, a private investigator must be certified with the Department of Criminal Justice Services (DCJS) and must complete annual training and range qualification in addition to maintaining a concealed carry permit.

Q:  How much does it cost to hire a private investigator?

A:  The cost for private investigator services can vary dramatically depending on the type of investigation.  Most private investigators charge an hourly fee.  Some services may be available for a flat fee, such as a background or record check.  Most private investigators will ask for a retainer to be paid before they agree to take the case and begin work.  You may also be charged for out-of-pocket expenses that private investigators expend to complete the service, such as mileage, highway tolls, parking, airline charges, hotels and copying charges.

About the guest contributor: Edwin L. Clark is the Compliance Agent, Chief Investigator and Founder of Covert Surveillance & Investigations, LLC (CSI).  Mr. Clark is a highly skilled professional investigator with over 12 years of experience.  Mr. Clark has owned and operated CSI for the past 10 years and has assisted many individuals in obtaining the evidence necessary for them to build a strong case.  Prior to this, Mr. Clark served for 31 years in the Federal Government, working in highly classified environments.  His service included time with the Defense Contract Audit Agency, U.S. Army Corps of Engineers and most recently the Department of Homeland Security.  To learn more about CSI and the services available, please visit:

www.csi-net.org or call 540-454-1696.