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TJ, Esq.
TJ, Esq., Attorney
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Experience:  JD, MBA
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Iam a male and I lived in West Orange, NJ. In 2010 My wife

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Iam a male and I lived in West Orange, NJ. In 2010 My wife threw a glass of water at my and hit me in my forehead in the presence of my then 8, 10 and 13 year old children. I sustained a 1/2 inch laceration and was bleeding profusely. I received 7 stitches and two two followup visits. However, on the day of the incident I called the police to intervene. When he arrived he saw my bleeding wound and came inside. He asked what happened and got both our stories. Then he pulled me aside and said..."Legally I have to arrest your wife but do you want your kids to see her being taken away?" With a headache I said I don't want them to see this but because she is a pusher and shover, I need this recorded for history. He never arrested her.
5 years later, I do to retrieve the police report and record. To my horrified surprised. There was nothing written on it about the injury I sustained. Bleeding from the forehead.
When I asked them about it...response was. The statued of limitation has passed and the officer has forgotten about the incident.
The only evidence of this traumatic experience are 1. My kids memory. 2. Hospital Records.
My question is:
I found out that in the case of noticeable injury, the STATE take the matter into their hands and makes the arrest. Overriding the victim for their own protection.
In retrospect, If she had be locked up with an arrest record she may have not been so violent toward me in front of my kids after this incident.
My question is:
1. Should I sue the police department for not representing the state and protecting me?
2. Can this report be opened seeing that the report itself is fraudulent?
What step should I take and how do I find a lawyer for this case?
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

1. Should I sue the police department for not representing the state and protecting me?

A: No, I'm sorry to say that you would almost certainly lose the case if you were to sue. Simply put, the police have immunity in these circumstances. A crime victim cannot win a lawsuit against the police for failure to protect or failure to prosecute.

2. Can this report be opened seeing that the report itself is fraudulent? What step should I take and how do I find a lawyer for this case?

A: You can find a lawyer by using one of the New Jersey Bar Association's Lawyer Referral Services: https://clarifi.org/node/244

However, I'm sorry to say that the police gave you the correct information when you recently inquired. First and foremost, the statute of limitations has passed, so amending the report is moot. Your wife could never be prosecuted. Second, if the officer who responded does not remember the incident, then he certainly cannot amend his report. He'd be making it up.

I am truly sorry for the bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need any more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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