Discovering marital infidelity is one of the most destabilising experiences a person can go through. Personal anguish is almost always accompanied by a practical question: how do I protect myself? Whether you are considering a separation, a fault‑based separation lawsuit, or simply the need for clarity, the answer almost always depends on the quality of the evidence collected. This often overlaps with our Premarital investigations.
The problem is that many people, driven by emotional urgency, try to gather this evidence on their own. It is a mistake that can have serious consequences, both legally and personally.
Why evidence collected independently rarely works
To obtain a fault‑based separation (art. 151 c.c.) it is necessary to demonstrate a breach of the marital duties established by art. 143 c.c. However, the evidence must be gathered in full compliance with the law. Those who act without professional support often make mistakes that render the evidence inadmissible or, worse, expose them to criminal liability:
- Recording other people’s conversations: recording a conversation you are taking part in is lawful and, in civil separation proceedings, the recording can be produced as a mechanical reproduction under art. 2712 c.c. where it serves the right of defence. What is a criminal offence is capturing conversations between other people, with recorders or bugs left in a home, a car or an office: that falls under art. 617 c.p. and, where it captures private life inside a dwelling, under art. 615-bis c.p. There the evidence is unusable and the party commissioning it risks becoming, in turn, a defendant.
- Recordings in private places: photographing or filming the spouse inside private residences - even via hidden cameras or drones - constitutes a violation of the right to privacy, with criminal risks directly borne by the person who arranged them.
- Unauthorised access to devices: reading messages, e‑mail or accessing the partner’s social‑media accounts without permission fulfills the offence of unauthorised access to an information system (art. 615-ter c.p.), regardless of the level of trust with the person.
In contrast, a report prepared by an authorized private investigator pursuant to art. 134 TULPS is a documented report that can be filed in the civil proceedings: the judge assesses it freely and the investigator may be called to confirm it as a witness. A related line of work is Marital infidelity.
Arcadia Company’s working method
Arcadia Company is an investigation agency licensed by the Prefecture under art. 134 TULPS, and it is this licence that qualifies it as an authorised investigator; its quality management system is also certified to ISO 9001:2015. This means that every assignment - from feasibility analysis to dossier delivery - follows documented, verifiable and up‑to‑date protocols. For the client, this translates into concrete guarantees: Our authorisations and certifications set out the framework we operate within.
- GDPR‑compliant: all observation, tailing and document‑collection activities are carried out within the limits set by the Garante for personal data protection and EU Regulation 2016/679. The investigation is solely aimed at protecting the client’s subjective right.
- Documented report: the final technical report includes geolocated photographic records, a chronology of activities and the signature of the investigation manager. The judge assesses it freely, together with the other evidence; our investigators may be called to confirm its content as witnesses.
- Absolute confidentiality: from the first contact to the delivery of the documents, data are handled in secure environments with access limited to the operational team only. The relationship between agency and client is covered by the professional confidentiality obligation.
Sesto San Giovanni and North Milan: close to you, without travel surcharges
Arcadia Company’s operational headquarters is located in Sesto San Giovanni, at Piazza Don Enrico Mapelli, 60 - a position that allows us to effectively cover the entire northern Milan area, the surrounding municipalities (Cinisello Balsamo, Cologno Monzese, Bresso, Cusano Milanino) and the whole province of Monza and Brianza.
Thanks to this proximity, assignments are activated quickly - usually within 24-48 hours of the initial interview - without applying surcharges for local intervention expenses. Each operational plan is presented with its budget before the investigation starts: no surprise costs at settlement.
If you are considering how to proceed, the first step is to request a free, confidential preliminary consultation. The initial interview is protected by professional secrecy and entails no commitment.