Alabama Private Investigator Practice Exam

Is it legal for a private investigator to conduct surveillance on someone if the client is under a restraining order protecting the target?

1. Yes, as long as permission is given

2. No, this constitutes stalking

3. Only with court approval

4. It depends on local laws

The correct answer is: No, this constitutes stalking

Conducting surveillance on someone under a restraining order is illegal because it is considered a violation of that order, which is designed to protect the target from harassment or unwanted attention. A restraining order typically prohibits the client from going near the protected individual or from contacting them. Engaging in surveillance in this context would constitute stalking, as it involves tracking the movements of the individual without their knowledge or consent and contravenes the legal protections in place. This understanding reinforces the boundaries set by the legal system regarding the safety of individuals under protective orders. It emphasizes the responsibility of private investigators to adhere to applicable laws and ethical standards, ensuring that they do not infringe upon the rights and protections granted to individuals by the court. Thus, conducting surveillance in such a scenario is not only illegal but also goes against the principles of respecting personal safety and privacy rights that are fundamental within the legal framework.