NJSBA Family Law Section

I have a client who received a FRO against her ex-boyfriend in 2010.  Since that time, she has had repeated problems with him showing up where she is, following her, posting suggestive updates on Facebook, etc.  She routinely alleges violations to the local police departments, however, because it is in a small town and because the Defendant is an ex-State Trooper with personal connections to the local police, they do not file complaints and do not advise her of her right to file directly with the Court.  

Recently, she finally got the police to file a violation complaint against the Defendant; however, in attempting to gather evidence of the past allegations of violations that were not pursued, she has determined that no police reports were being prepared when she alleged the past violations.  

I have two concerns that I am seeking guidance in regards to.  First, I believe that the past alleged violations are now too stale to pursue via complaint with the courts, but would it be worthwhile to bring her to the courthouse to file them anyway?  If not, would it be worth pursuing an internal affairs investigation into the police departments for their failures to properly handle the matter?

Second, one concern I have is that the FRO is quite basic in its limitations on the Defendant, and the nature of both parties' businesses and the area in which they live makes it where the police are willing to accept as coincidence any issues with the Defendant being present in or around the victim and do not consider any of the Facebook posts which make reference to the victim (and at times to continuing to own guns) sufficient for a violation because they are veiled references and not direct statements concerning the victim.  Would it be worthwhile to seek an amended FRO and, if so, what sort of proof should I put together, beyond my client's certification and the few police reports of past violations, to ensure that the FRO can be enhanced, potentially even with a psychiatric evaluation.

Thanks for any suggestions.

-------------------------------------------
David Cardamone Esq.
Little Silver NJ
(732)741-6769

-------------------------------------------

Try to get her approx dates where she wen to police and no reports were filed. Then do an OPRA request to verify wether any reports were logged or notes of any sort kept. Also OPRA their procedures manual to verify whether they followed procedure. If they didn't, file a TORT CLAIM notice even though one isn't necessary for a civil rights claim but they will hear your saber rattling. After you have a chance to review this info, you may be better able to file a motion to amend the FRO and fill it w the info you got or your allegations of the police's failure to follow thir own. Procedures. WHADDAYA think? ------------------------------------------- Marianne Auriemma Esq. Maywood NJ (201)712-9663 -------------------------------------------
Original Message: Sent: 12-04-2013 12:03 From: David Cardamone Subject: FRO Modification I have a client who received a FRO against her ex-boyfriend in 2010. Since that time, she has had repeated problems with him showing up where she is, following her, posting suggestive updates on Facebook, etc. She routinely alleges violations to the local police departments, however, because it is in a small town and because the Defendant is an ex-State Trooper with personal connections to the local police, they do not file complaints and do not advise her of her right to file directly with the Court. Recently, she finally got the police to file a violation complaint against the Defendant; however, in attempting to gather evidence of the past allegations of violations that were not pursued, she has determined that no police reports were being prepared when she alleged the past violations. I have two concerns that I am seeking guidance in regards to. First, I believe that the past alleged violations are now too stale to pursue via complaint with the courts, but would it be worthwhile to bring her to the courthouse to file them anyway? If not, would it be worth pursuing an internal affairs investigation into the police departments for their failures to properly handle the matter? Second, one concern I have is that the FRO is quite basic in its limitations on the Defendant, and the nature of both parties' businesses and the area in which they live makes it where the police are willing to accept as coincidence any issues with the Defendant being present in or around the victim and do not consider any of the Facebook posts which make reference to the victim (and at times to continuing to own guns) sufficient for a violation because they are veiled references and not direct statements concerning the victim. Would it be worthwhile to seek an amended FRO and, if so, what sort of proof should I put together, beyond my client's certification and the few police reports of past violations, to ensure that the FRO can be enhanced, potentially even with a psychiatric evaluation. Thanks for any suggestions. ------------------------------------------- David Cardamone Esq. Little Silver NJ (732)741-6769 -------------------------------------------