Legal Question in Family Law in Florida

Although The restraining order had been extended that morning, it would not be loaded into the "system" for 24 to 48 hours. He came to my house that night to harass me. I called 911 and did not open the door. When the police arrived, he showed them the expired restraining order, and convinced them he should be allowed to enter my home. A policeman ordered me to unlock the gate and go outside. I was afraid to disobey because I don't know the law, and I am a law abiding citizen. I was intimidated. Once outside, I was asked to produce proof of a continuance, which I did not have. The policeman told me to stand in a specific spot outside while the respondent was allowed to enter my home. The policeman told me, "Stand right here like a big, grown-up girl," and ignored my plea to send respondent home and to call the judge the next morning to discover if there was or wasn't a restraining order in effect; and then escort him in if there was no restraining order. He said no. The next day I obtained a true copy of the continuance and brought it to the police station. Instead of saying they made a mistake, or arresting the respondent, they did nothing. They refused to give the states attorney a report until I threatened to call every official in Broward County and the Sun Sentinel newspaper. Did the police commit a crime in forcing me out of my house to let the respondent in? I should not have been spoken to in a demeaning way, and I still believe that waiting until the next day when the judge was in chambers, was not an unreasonable request. However, their unwillingness to cooperate until my threat to the states attorney makes me wonder if they committed a crime and were trying to cover it up. If so, what was it, and what recourse do I have? Thank you.

Jo Ann Kay


Asked on 12/09/14, 12:32 pm

1 Answer from Attorneys

Robert McCall Law Office of Robert McCall

Police misconduct is generally not considered a crime, example: Brown and Gardner. This may be a civil wrong, I would submit this to the Judge, complain to the Clerk of Court that their procedure placed you in danger and also notify the local Press.

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Answered on 12/09/14, 1:25 pm


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