Hasbrouck Heights, NJ asked in Civil Rights, Constitutional Law and Domestic Violence for New Jersey

Q: Can I sue the police department for failing to protect my rights?

As of July of 2022, I was granted an FRO from a Bergen County judge against my ex. This past Friday, my ex went to the Little Ferry precinct and showed officers a fake text from the judge stating that the FRO was lifted and he was allowed back into my home. They believed him and allowed him to come to my home unaccompanied and unannounced. He then broke into my garage and stole some tools I had in there as well as snooped around my backyard. My sister was here at the time and was extremely scared. When I spoke to officers they stated that he said it was lifted so they allowed it. They said they would make an arrest for violating the FRO but haven't yet and I am petrified. Can I sue the police department for failing to keep me safe under the FRO?

1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Domestic Violence Lawyer
  • Short Hills, NJ
  • Licensed in New Jersey

A: I would contact the domestic violence office for the county courthouse where you obtained the restraining order and ask if you can file an application with the court for a violation of the restraining order and when they say that you should report it to the local police, tell them that you want to appear before the court because you were told by the local police that your ex showed them fake documents suggesting that the restraining order was listed and you are now petrified and need to have the court address this issues since its very unusual - I have never heard of a setting whether a party has presented a fake order to the local police on a restraining order setting. I think if that is what occurred, then a judge hearing domestic violence matters will want to know about it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.