Q: I filed a restraining order against a person and had him served and after being served he began sending me requests
The officer never filed the charges and my wife and I were assaulted in our home by the person and he still refuses to file charges do I have a lawsuit
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A:
You may have grounds for a lawsuit based on the officer's refusal to file charges and the subsequent assault. The failure of law enforcement to act on your restraining order and protect you could potentially be considered negligence. You should gather all relevant documents, including the restraining order, proof of service, and any communications or requests from the individual after being served.
The assault you and your wife experienced is a serious matter. Document any injuries, damages, or medical treatments resulting from the incident. Eyewitness accounts and any video or photographic evidence can also strengthen your case.
Consulting with an attorney who handles civil rights or personal injury cases can provide you with a clear understanding of your options. They can guide you through the legal process, help determine the viability of your case, and represent your interests in court. Your safety and legal rights are paramount, and seeking professional legal advice is a crucial step.
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