Short answer
Spouse surveillance is not a single lawful or unlawful category; the method used decides. Observing and recording a person's behaviour factually in a public place is entirely different from tapping a phone, getting into messages or accounts, or intruding on the home. The first can be conducted lawfully; the second can fall under serious offences.
Unlawful methods
The Turkish Criminal Code treats violation of confidentiality of communication, listening to and recording conversations between people, violation of the privacy of private life and unlawful recording of personal data as separate offences (for example arts. 132, 133, 134, 135). The following methods are therefore never advised:
- Installing spyware on a spouse's phone
- Entering messages, email or social media accounts without permission
- Placing hidden bugs or cameras in the home or vehicle
- Filming in private space
What does lawful observation look like?
It means recording, in a public place, where the person is, who they meet and how long they stay, as time-stamped photos, video and written notes. These records do not enter private space and are factual; interpretation and fact are kept apart. This work is carried out as described on our spouse surveillance page.
Value as evidence
Evidence obtained unlawfully cannot be used by the court as a basis for its decision (provisions such as HMK art. 189). The lawfulness of the method is therefore important both ethically and practically; information gained by unlawful means is not evidence and can also expose you to prosecution. Evidence is assessed at the court's discretion and no result is guaranteed.
What should you do?
Consult a lawyer first, then build a lawful plan. On the divorce evidence support and lawyer coordination pages you can see how the process runs.
