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?
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.
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