| June, 2000 Volume 2 Issue 2 |
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| A Family Matter Options & Alternatives Investigators often are called upon to obtain records or to conduct background or asset investigations in domestic relations matters; but these are not the only options. The Surveillance Option It's been our experience that surveillance can be a very useful option in many types of domestic relations matters, in particular where parents are separated and young children are involved. I'm certainly not telling attorneys anything that isn't obvious about parents and children in a divorce situation, but our surveillance efforts in domestic matters have identified situations in which an emotionally unstable party drinks and drives with children in the vehicle… children are left alone for substantial periods of time …children are left in the care of ill-qualified persons… and the like. In another type of situation, one party in a domestic dispute may react to the apparent freedom of a separation by engaging in activities, which, if known to the other party, could have a bearing on the outcome of the petition. Of course, there is always the present danger of physical and/or emotional violence of one party against the other. Surveillance and threat assessment and defense services can be important. Surveillance capabilities vary from agency to agency, of course, but using ours by way of example, they can include:
Incidentally, we can provide photo albums on CD-ROM, as well. Our capabilities permit us, as necessary and prudent, to be up close and personal in public situations. At the same time, as a former prosecutor's attorney, I am mindful, and my staff is mindful, of our legal and ethical responsibilities. |
What We Can Do In some circumstances, we may be able to help verify for law enforcement purposes that a real threat exists; for example, by direct observation of a suspect's conduct. As suggested earlier, it's unfortunate but often true that law enforcement agencies, without some substantial and factual basis for action, will likely decide that the complaints of one spouse against the other merely constitute a civil matter. A restraining order certainly can be helpful, but it's no defense against a genuine threat. We could conduct surveillance on the spouse who is the source of the threat during those times when the other spouse is vulnerable; or, in the alternative, we could provide protective services to the spouse who is the object of the threat. Where children are involved and at risk, we can provide protective services to and from school, athletic events, or other activities or appointments, coordinating with school officials or other authorities, as necessary. Frankly, the mere presence of a qualified and experienced third party for a reasonable period of time, with the knowledge of the spouse representing the threat, can constitute a kind of cooling off period, during which the threat can be dissipated. The Threat Less Recognized Although it rarely is spoken of or considered, threats against an attorney defending the interests of one spouse against the other also can be a serious risk. The presence of a qualified and experienced investigator during those sessions when the presence of the offending spouse is required can be to good effect, even if the investigator is only present during preliminary activities. A domestic relations matter may be difficult, but it need not be dangerous.
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Domestic Threat As mentioned earlier, potential violence by one spouse against the other or the threat that one spouse may illegally attempt to take children from the other are risks in some domestic relations matters. Without a direct and verifiable threat of physical harm or overt act, law enforcement agencies are unable to act. Discreet, Thorough, Accurate & Creative
24-Hours/7 Days a Week www.denverpi.com |
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