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If a final restraining order is issued can a police officer refuse to screen a violation of that order?

Hillsborough, NJ |

I have a FRO against an x who continues to violate it. She does this continue sly and when I report the violations to the police they refuse to screen it through a judge or a prosecutor. I am simply advised to file my own charges in municipal court. In the past I was assaulted while leaving court after filing charges, this resulted in another denial of the police screening it. On the reverse when she makes a claim it immediately is screened resulting in 7 TRO's being put against me all having been dismissed. In addition 14 municipal charges have been charged with the police finding probable cause and they too all were dismissed. Is it legal for them to screen her consistent claims and refuse to screen mine? she has been found guilty of crimes against me. I have never committed any.

Attorney Answers 3

  1. If you have an FRO against anyone, and you show the police the FRO and allege a violation of it, they are required to do something about it. If they do not, go to a Judge in Superior court and action will be taken.

    This answer is provided for educational purposes only. By using or participating in this site, you agree and understand that there is no attorney-client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State having jurisdiction over your matter, and who has experience in the area of law you are asking questions about, and with whom you would have an attorney-client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State having jurisdiction over your matter.

  2. You should bring your Final Restraining Order to your local police station, sit with an officer and explain the violation. I do not understand why they are not following through.

    This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.

  3. Generally no. Bring your FRO to the Captain of the police department, and explain the situation that you are having. If that does not work, my colleagues are correct, bring the matter to a Judge in the Superior Court.

    This office does not represent you. This email does not form any attorney / client relationship. In order to form an attorney client relationship with our office, our office requires both a signed retainer and payment of any initial fee. Further, since we have very limited facts relative to your matter, you should not rely on any of the general advice set forth within our answer. I would strongly recommend that you speak with counsel regarding your issue.

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