Category: Alienation of affection

  • When can a private investigator help you?

    There are many situations in which hiring a private investigator can be a good choice. Some examples include:

    1. If you suspect that your spouse is cheating on you, a private investigator can help you gather evidence and proof, so that you can make an informed decision about your relationship.
    2. If you are involved in a child custody case, a private investigator can help you gather information and evidence about the other parent, so that you can make a strong case in court.
    3. If you are involved in a criminal case, a private investigator can help you gather evidence and witnesses, and can provide expert testimony in court.
    4. If you are involved in a civil lawsuit, a private investigator can help you gather evidence and information about the other party, so that you can make a strong case in court.
    5. If you are trying to locate a missing person, a private investigator can use their skills and resources to help you find them.

    Overall, a private investigator can be a valuable resource in many different situations, and can help you gather the information and evidence you need to make informed decisions and succeed in court.

  • Why family law attorneys should hire a private investigator for every case

    As a family law attorney, you know how important it is to have strong evidence and information in order to win your cases. And one of the best ways to gather that evidence and information is by hiring a private investigator.

    Here are five reasons why you should hire a private investigator for every case:

    1. A private investigator can provide valuable information and evidence that can help you make a strong case in court. They can conduct surveillance, gather witness statements, and provide expert testimony on various aspects of your case.
    2. A private investigator can help you locate missing witnesses and evidence, which can be critical in child custody and divorce cases. They can use their skills and resources to track down witnesses and evidence that may be difficult to find on your own.
    3. A private investigator can provide objective and unbiased information and evidence, which can be crucial in family law cases. They are not involved in the case, and they are not biased towards either party, so their information and evidence can be trusted and relied upon.
    4. A private investigator can save you time and money, by conducting investigations and gathering evidence on your behalf. This can allow you to focus on other aspects of your case, and can help you avoid the cost and hassle of conducting investigations yourself.
    5. A private investigator can provide valuable insights and expertise, based on their experience and training. They can provide you with valuable advice and guidance, and can help you develop strategies and tactics to win your case.

    Overall, hiring a private investigator for every case can be a valuable investment for family law attorneys. They can provide valuable information and evidence, and can help you win your cases and achieve the best possible outcomes for your clients.

  • Dangers family law attorneys may face when they fail to hire a private investigator

    As a family law attorney, you know how important it is to have strong evidence and information in order to win your cases. And if you don’t hire a private investigator, you may be putting yourself and your clients at a disadvantage.

    Here are five dangers of not hiring a private investigator:

    1. Without a private investigator, you may be unable to gather critical information and evidence that could be crucial to your case. A private investigator has the skills, resources, and expertise to gather information and evidence that may be difficult or impossible for you to obtain on your own.
    2. Without a private investigator, you may be unable to locate missing witnesses and evidence, which can be a major problem in child custody and divorce cases. A private investigator can use their skills and resources to track down witnesses and evidence that may be difficult to find on your own.
    3. Without a private investigator, you may be unable to provide objective and unbiased information and evidence, which can be crucial in family law cases. A private investigator is not involved in the case, and they are not biased towards either party, so their information and evidence can be trusted and relied upon.
    4. Without a private investigator, you may be forced to spend your own time and money conducting investigations and gathering evidence, which can be a major inconvenience and expense. A private investigator can do this work on your behalf, allowing you to focus on other aspects of your case.
    5. Without a private investigator, you may be missing out on valuable insights and expertise, based on their experience and training. A private investigator can provide you with valuable advice and guidance, and can help you develop strategies and tactics to win your case.

    Overall, hiring a private investigator can be a valuable investment for family law attorneys. They can provide valuable information and evidence, and can help you avoid pitfalls.

  • Alienation of Affection Suits in North Carolina: Understanding the Three Essential Elements

    In North Carolina, a claim for alienation of affection requires proof of three elements according to the case law. These elements are critical to establishing a successful claim for alienation of affection in North Carolina.

    The existence of a marriage with love and affection between the spouses

    The first element is the existence of a marriage with love and affection between the spouses. This means that the plaintiff must prove that there was a genuine and loving relationship between the spouses at the time the defendant allegedly interfered with the relationship.

    The love and affection were alienated

    The second element is that the love and affection was alienated. This means that the plaintiff must prove that the defendant’s actions caused the love and affection between the spouses to diminish or disappear.

    The defendant’s malicious acts produced the loss of that love and affection

    The third and final element is that the defendant’s malicious acts produced the loss of that love and affection. This means that the plaintiff must prove that the defendant’s actions were intentional and done with the specific purpose of interfering with the marital relationship.

    Case law

    In the landmark case of Gray v. Hoover, 94 N.C. App. 724, 727, 381 S.E.2d 472, 473, the North Carolina Court of Appeals explained these elements in detail and held that proof of these elements is necessary to establish a successful claim for alienation of affection. The court stated that “to prove a claim for alienation of affection, the plaintiff must show that the defendant’s malicious acts were the proximate cause of the loss of affection.”

    In a more recent case, Pharr v. Beck, 147 N.C. App. 268, 271 (N.C. Ct. App. 2001), the North Carolina Court of Appeals further reinforced these elements and held that a plaintiff must prove all three elements to establish a successful claim for alienation of affection in North Carolina.

    Conclusion

    In conclusion, if you are considering filing a claim for alienation of affection in North Carolina, it is essential to understand these three elements and how they relate to your case. An experienced family law attorney who is knowledgeable about the case law in North Carolina can provide you with the guidance and representation you need to pursue a successful claim for alienation of affection. However, you must strengthen your case with independently-verified evidence if you want to increase your chance success at trial. An Aubor Group private investigator in North Carolina can help you acquire court-admissible evidence for your alienation of affection lawsuit.

  • Expanding on Alienation of Affection: Understanding the Concept of “Malicious Acts” in North Carolina

    In an alienation of affection suit, a critical element that must be proven is the existence of a malicious act. The concept of a malicious act in the context of an alienation of affection claim has been loosely defined to include any intentional conduct that would probably affect the marital relationship. As explained by 1 Reynolds in “Lee’s North Carolina Family Law,” malicious acts can include unjustifiable conduct causing injury to the relationship, or even a reckless indifference to the rights of others.

    In the case of Heist v. Heist, 46 N.C. App. 521, 523, 265 S.E.2d 434, 436, the North Carolina Court of Appeals recognized the loose definition of a malicious act in the context of alienation of affection and stated that the plaintiff must show that the defendant’s unjustifiable conduct caused the injury to the marital relationship. Similarly, in Sebastian v. Kluttz, 6 N.C. App. 201, 206, 170 S.E.2d 104, 106, the court held that a malicious act can include a reckless indifference to the rights of others.

    It’s also important to note that malice is conclusively presumed upon a showing that the defendant has engaged in sexual intercourse with the alienated spouse. This was established in the case of Bishop v. Glazener, 245 N.C. 592, 596, 96 S.E.2d 870, 873, which held that sexual intercourse with the alienated spouse is conclusive evidence of malice.

    In the recent case of Pharr v. Beck, 147 N.C. App. 268, 272 (N.C. Ct. App. 2001), the North Carolina Court of Appeals reinforced these principles and held that proof of a malicious act is an essential element in establishing a successful claim for alienation of affection in North Carolina.

    In conclusion, it is important to understand the concept of a malicious act in the context of an alienation of affection claim in North Carolina. An experienced family law attorney who is familiar with the case law in North Carolina can help you understand how to prove this critical element and build a strong case for alienation of affection.

    Conclusion

    In conclusion, if you are considering filing a claim for alienation of affection in North Carolina, it is essential to understand “malicious acts” and how they relate to your case. An experienced family law attorney who is knowledgeable about the case law in North Carolina can provide you with the guidance and representation you need to pursue a successful claim for alienation of affection. However, you must strengthen your case with independently-verified evidence if you want to increase your chance success at trial. An Aubor Group private investigator in North Carolina can help you acquire court-admissible evidence for your alienation of affection lawsuit.