What evidence do you need to catch cheating? When your partner is found cheating, the most important thing is to collect evidence, which will help divorce proceedings, but not all the evidence is feasible. Let's see what evidence we need to catch cheating.

What evidence do you need to catch cheating? 1 first, how to obtain evidence for cheating?

To catch cheating, the first thing is electronic evidence. For example, SMS records of spouses and affair objects, WeChat chat records, etc. Considering the particularity of electronic evidence, in order to ensure its probative power, it is best to entrust a notarization institution to notarize it in time.

Followed by documentary evidence, mainly including:

1. Confession, Confession, Guarantee and Agreement written and signed by the spouse;

2. Police records and transcripts that can prove the other party's derailment;

3. Handle the documents issued by the other party's work unit that can prove that the other party is having an affair.

Third, witness testimony.

Finally, audio-visual evidence, including audio, video, photos and so on.

Of course, we must remind everyone that we must pay attention to the legality of the means when obtaining evidence. Illegally obtained evidence will not be accepted by the people's court, and illegal evidence collection may also constitute infringement.

Legal basis: Civil Procedure Law

According to the provisions of article 63, there are the following eight kinds of evidence:

(a) Statements of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8) Records of the inquest. Evidence must be verified before it can be used as a basis for ascertaining facts.

Second, is it effective to sue the other party for cheating after divorce?

After divorce, if the other party is found to be unfaithful in marriage, he can still file a claim for compensation within one year. However, it must be that the other party cohabits with others or bigamy.

People's Republic of China (PRC) Civil Code

Article 188 The limitation period of ordinary litigation and the longest period of rights protection shall be three years. Where there are other provisions in the law, those provisions shall prevail.

The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.

In our country's law, electronic evidence is the first provision. For example, the mobile phone short message records and WeChat chat records of spouses and affair objects, followed by documentary evidence, mainly including "confessions" and "confessions" written and signed by spouses. The specific provisions are as above.

What evidence do you need to catch cheating? When it comes to collecting evidence of the other party's infidelity, many people, especially women, may think of "catching rape" for the first time. To this end, women may spare no effort to investigate and even hire detectives, just to catch men's misconduct on the spot at the moment of intrusion and collect evidence on the spot, thinking that this is the best evidence.

Moreover, things are usually not as simple as video forensics. Women who are attacked by anger often take it out on "mistress", which makes them look insulted and beaten. Even relatives and friends brought by women will come forward to help and "teach" people who cheat.

Many people know that it is definitely wrong to hit people or even strip off other people's clothes under normal circumstances. However, at the scene of "rape", women have completely stood on the commanding heights of morality and have lost the thinking and right and wrong of normal people. They think that "mistress" is a street mouse that everyone shouts and beats, seducing her husband and destroying her family, and she can't wait to get it over with.

So while playing mistress, she ordered crazy shooting according to each other's privacy, which was often posted online afterwards to double the humiliation.

In fact, this is the same as punishing women for adultery in ancient times. They stripped naked and paraded the streets, and then a group of people took the opportunity to feast their eyes, make comments and put on a "noble" posture.

Of course, now no one has the right to parade the adulterer in the street, and the law also emphasizes the protection of personal privacy. These violent acts of rape, insult, injury and dissemination are illegal and serious enough to constitute a crime.

Some people don't understand. The other party is unfaithful to the marriage, and the third party deliberately destroys my family and infringes on our marital property. Can't I touch her yet? Does the law protect mistresses?

Indeed, at first glance it seems unfair. On the other hand, if the law does not prohibit or even advocate personal violence to catch a mistress, or allows the installation of monitoring equipment everywhere, just to collect evidence of the other party's derailment, then how can the privacy and safety of that person be guaranteed?

Some people may say that the cheating party is fooling around with a third party. This is still his privacy. Can't I take evidence on the spot?

In fact, it is not impossible to obtain evidence, but there is a problem with the way of obtaining evidence. For example, if you want to prove that the other person is cheating, you can take pictures of two people lying in bed, but you can't deliberately take off the cover of the other person, shoot wildly according to other people's private parts, or even spread it around.

Because this has far exceeded the need to collect evidence, to the point of invasion of privacy. Violent insults and beatings of mistresses may also constitute insults or intentional injuries, and they are not worthy of sending themselves to prison for other people's mistakes.

Some people are still dissatisfied: I finally found out where they cheated. Can I stand outside the door and not go in? Going in is an invasion of their privacy?

Of course not. You can go in, but just to be on the safe side, and to prevent you from doing illegal and criminal things on impulse, you can call the police first and report someone who is whoring, so that you can get a complete record and prove that the other party is cheating, and you don't have to worry about infringement.

Of course, you can be smarter. Ask your lawyer to help you write a divorce agreement in advance, if you plan to divorce; Or marriage property agreement, if you are not going to divorce, you will give him another chance. Yes, you are right. At this time, everything happened and feelings were betrayed. The only thing you can do is to fight for more property for yourself, and the man is the most guilty.

You should bring more relatives and friends, first, for safety, second, for someone to take photos and videos to leave evidence, and third, for you to be more confident in the negotiation. After all, there are several people to help you.

But remember not to force the other party to sign in a threatening tone, or if it is recorded by the other party, this agreement can be revoked and your efforts will be in vain.

You can record and video on the spot, but be careful not to take nude photos involving each other's privacy. You can record the process of checking facts and negotiating with each other. Even in this process, you can find out from three mouths what gift the man gave her and how much money he transferred to her. These are the property of your husband and wife, and half of them are yours. You have the right to take them back.

You really need some skills to be legal and beneficial to yourself. If you are not sure, you can consult a lawyer specifically.

So, look here, do you understand? The law does not prohibit you from "catching a rape". If you can find this kind of evidence that directly proves the other party's infidelity, it will certainly be beneficial to you, but you must pay attention to the form and not invade the privacy of the other party.

And remember that the purpose of your sex is not to vent. Because venting is actually useless except trying to be cheerful for a while, and may even send yourself in. This is the most stupid method, and it is not recommended to try. Especially if you still want to maintain this marriage, and you want a man to come back, you should not be extremely insulted by violence, so your marriage will be completely ruined.

You should always remember that the purpose of your rape is to win more property benefits. Regardless of divorce or not, men should be made to pay for this matter. This is a reasonable and legal punishment, and you have not lost your dignity.

Some people say, what about mistress? Should I let her go?

Legally speaking, it is true that mistress can't be moved. Even if you go up and give her some masks, she can call the police, and you may be detained administratively. Because cheating is not illegal, it just violates social morality. But if you can find out how much property your husband transferred to Xiaosan, you can get it back.

Generally speaking, a mistress will not fall in love with a married man. Most of them are for money, and men are often willing to spend money to find a mistress. Therefore, money is San Xiao's main concern. Is it a better punishment if she can take away what she cares about most?

Therefore, instead of beating and insulting mistress, it is better to get her property back through legal means. If women all over the world have such awareness, then presumably those who make money will tremble. If the third girl loses this "income", the number of women entering this industry will be greatly reduced.

In addition to the direct "rape" method, of course, cameras or recording equipment can also be installed at home or in private cars. Note that you must be in your own home or your own private car, because this belongs to your private domain. Within your control, you can't go to other people's domain to install these devices, otherwise it may involve invasion of other people's privacy and the evidence is not available.

If it is possible to find a chat record or transfer record with Xiaosan on a man's mobile phone or computer, you can record or take photos to leave a voucher. Note that the information of the other party's micro signal must also be recorded to prevent the other party from denying that this is not his micro signal.

In addition, it can also be used as evidence for men to write a letter of commitment and admit the fact of derailment.

There are also records that the man's company may conduct a disciplinary investigation because of the man's derailment.

Although these methods are not as direct as the direct evidence of "catching rape", they are indeed the most routine and easiest methods to obtain evidence. In particular, if these indirect evidences can be combined, they will have strong probative power and will not lose to your "catching rape" action, and even have the risk of committing crimes.

What evidence do you need to catch cheating? 3. How can the evidence of extramarital affairs be effective?

(1) Evidence of "cheating" such as e-mail and chat records must be notarized by a notary office in the process of extracting e-mail or chat records, which can greatly improve the possibility of court acceptance.

(2) For the evidence of "cheating" in the guarantee or confession, it is difficult for the parties to deny such written evidence, but the content of such evidence should be detailed, and "time, place, people and what they did" is essential.

(3) Video evidence of "cheating", including photos and videos, but the evidence must be legally obtained. Therefore, in the process of operation, special attention should be paid to the legality of access and content, otherwise the court will not accept it.

(4) The recorded evidence of "infidelity", including real-time conversation recording and telephone recording, can be submitted to the court as evidence when both parties negotiate infidelity, even if the other party does not know the recording.

Second, what are the conditions for the other party to ask for divorce compensation?

The conditions for compensation for fault damages are limited to four legal situations:

1, bigamy;

2. Spouses cohabit with others;

3, the implementation of domestic violence;

4. Abuse and abandonment of family members.

That is to say, when one of the spouses has only one of the above four legal situations, no fault can claim damages at the time of divorce.

Judging from the fault of the derailed party, the legal situation similar to this situation is only "spouse cohabiting with others", while the Supreme People's Court's Interpretation of the Application of the Marriage Law of the People's Republic of China (I) stipulates in Article 2 that "spouse cohabiting with others" refers to the situation that the spouse is of the opposite sex outside marriage and is not in the name of husband and wife, continuously and stably together.

If the innocent party only proves that the other party and others have proper relationship, which fails to meet the requirements of continuous stability stipulated by law, it does not constitute the fault compensation condition in the marriage law, that is to say, the innocent party advocates compensation for mental damage, and the evidence is insufficient, so the court generally does not support it. In judicial practice, as long as it can be proved that one spouse and the opposite sex outside marriage live in the name of husband and wife, they will get compensation for mental damage.