I am going through a divorce and suspect that there is proof of infidelity on my spouse’s phone. Can you get their personal cell phone records?
I have been asked this question countless times while working as a private investigator in Lafayette, Louisiana. The answer to this question is both yes and no. When answering this question, a couple of factors have to be considered.
- First, is your spouse’s cell phone community property?
- Second, are you on your spouse’s cell phone plan?
If your answer to the first question is yes, legally you are in good shape. If you can answer yes to the second question, getting the records should be simple. All you usually have to do is talk to your spouse’s cell phone carrier and ask for them.
If you answered no to the second question, you won’t be able to get the phone records directly from the cell carrier but don’t despair. When going through a divorce, this is where most people start making mistakes. Don’t waste your time trying to hire unscrupulous companies who can charge you THOUSANDS of dollars to get phone records illegally. If you are able to find a company who can actually get the records, what they don’t tell you is that the phone records they obtained (and you paid thousands for) will not be admissible in court and opens you up to a lot of legal trouble. Under the Telephone Records and Privacy Protection Act of 2006, you could face a 10 year federal prison sentence with a fine up to $100,000.
So, how else can I get the phone records?
Nothing short of a court order will compel the cellphone carrier to turn over the records, and this is not an option in most cases. But that doesn’t mean that you are out of options. Top Echelon Investigation’s private investigators can extract or recover deleted data directly from most smartphones, no matter if there is a phone lock or if the phone has been damaged. Using our proprietary computer software, our private investigators can extract call logs, deleted text messages, deleted pictures, deleted video and most of the time, historical GPS data directly from the phone’s internal memory!
Is this legal? Absolutely! Remember when I asked if your spouse’s cell phone was considered community property? If the phone is community property, this means that the phone is half yours and you have the right to know what is on “your” cell phone.
Through the years, I’ve seen some pretty crazy things on these phones, most of which I can’t speak about and still be called a gentleman. You would be amazed at the things people take pictures of and record. If you are trying to locate your estranged spouse’s phone records, or just want to see what’s on your spouse’s locked phone, call our private investigators in Louisiana today.
~Jonathan A. Stelly
President of Top Echelon Investigation, LLC
Top Echelon Investigation, LLC is an investigation firm located with Opelousas, LA, with private investigators serving:
Baton Rouge, LA
New Iberia, LA
Morgan City, LA
Ville Platte, LA
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