Domestic Violence Orders (DVO) and Legal Surveillance
Covert surveillance by a licensed private investigator is legal, generally, phone 1300 966 103, email email@example.com, or use our online form for 24/7 contact. The evidence obtained can be used for court, a tribunal, or negotiation, where private investigator surveillance is legally conducted. As a private investigator is licensed to gather private information, and conduct surveillance, with no intention of making the subject aware of the activity, they are not stalking.
Where one, or both, parties have taken out a DV order, but needs evidence to show that the state of things is different to what is alleged, gathering the information becomes problematic. The person cannot do it themselves, without breaching the order. They can't send friends to do it because it may be stalking; they also aren't set up to gather evidence and produce it in a way acceptable to a court, and there is a high risk of it simply making the situation worse.
This is where the private investigator, and legally conducted surveillance, comes into it.
We have to filter our clients for these matters, where it appears that the intent is other than to gather evidence for court; where the client indicates a desire to travel and confront the other party, or acts in a bizarre way, we decline. There are times when we will ask for the instructions to come through the solicitor, or for the person to provide us with a copy of the DV order, or Domestic Violence Order's of both parties, where we have tit-for-tat orders. For child custody matters you should also make the investigator aware of any specific conditions you believe may be breached, as, when conducting surveillance, we need to know what precisely is the relevant evidence from activity observed.
Having said that private investigator surveillance is legal, and people have the right to gather evidence for court action, including to mount a defence, or to prove that their claim for access or custody is legitimate. People generally have the right to know where their children are, that they are safe, and not being exposed to risks that the court isn't aware of, or has no proof of.
You need to be honest, when hiring an investigator. Tell them the whole situation, if there is a court order ensure it does not forbid your actions (they usually don't). Explain what your objective is, give us the relevant background, including any allegations against you, as well as the ones against them. This is an area where we are dealing with emotion, as well as facts. Surveillance is about gathering evidence of what is now occurring, in a manner that provides the court with a story line (the surveillance journal) and supporting footage. We cannot create the evidence, we simply record the relevant activity we see.
When you need video evidence, surveillance, and are concerned about having a domestic violence order, call us to discuss it. It is not a breach of conditions to gather evidence for your defence, to investigate a concern, or to establish facts.