02-21-2012, 08:03 PM
Hi everyone! I have searched the web, and come up with absolutely nothing- After going through posts on this board, ya'll seem to be so informative and helpful, and I was hoping for some insight... If anyone has a little extra time, I'd greatly appreciate it.
A little background:
I've been involved in the court system for 7 years now, with my daughter's father. I had a restraining order against him from the time my baby was 3 months old, until I voluntarily had it lifted so she could have visitation with him at age 4. I dealt with officers from FLPD, Oakland Park Police Department, and North Miami PD... They were all so great, and helpful in making me feel safe when making the decision to get a restraining order, go ahead with charges, etc.
Incident:
Recently, I was unfortunate enough to be stuck in a small waiting room alone with my monster of an ex, for the first time in many years. He was violent with me once again, while our daughter was having surgery. He left, and I reported the incident to 2 nurses and 2 security guards, who told me to hang tight, that the on duty LEO would be there shortly to speak with me.
I was very shaken up and nervous and upset. The officer asked me what happened, advised me to file a restraining order, and said that there was nothing he could do at the moment, as my ex had already left the building. I showed him the marks on my arms from where he had grabbed me. He said he'd file a report, and it would be available in 72 hours. He didn't give a card with a report number, and he didn't take any photos of my arms. He told me that he was on his lunch break, so a Security Officer would escort me to my car... I was fine with this, as long as someone did.
Fast Forward 3 days:
I call for a copy of the report, as my lawyer told me to have it for the upcoming Injunction hearing. They told me that the Officer never filed a report. I didn't think this would be a problem, as the Security Officers had filed a report, and documented that I spoke to an LEO. I later went in to the PD and filed a report with the available LEO. I just figured the Officer forgot, or was really busy.
Fast Forward to today:
Injunction hearing. There was not enough time to hear all the testimony, so we are being continued- BUT- The respondent's attorney subpoenaed the LEO. My attorney briefly spoke with him, and he is stating that I told him I did not want a Police Report to be filed. He stated he did not see any marks on my arm. This couldn't be any less true. I never said anything close, that he could have possibly misconstrued as me saying I didn't want to file a report.
My question:
Would there be any specific reason for him to do this? I didn't make any complaints, nor will I, about him not filing a report. Do LEO's get in trouble for not filing a report, when one is requested, or something? I don't want him to get in trouble or anything. I also do not want my injunction to denied because of testimony that I didn't want a report, and I had no marks on my arms- when I testified the opposite. Any advice or insight as to his reasoning for saying I stated I did not want to file a report?
Thank you so much for any advice, or opinion on this matter. I truly appreciate everything you LEO's have done for my family and I!
A little background:
I've been involved in the court system for 7 years now, with my daughter's father. I had a restraining order against him from the time my baby was 3 months old, until I voluntarily had it lifted so she could have visitation with him at age 4. I dealt with officers from FLPD, Oakland Park Police Department, and North Miami PD... They were all so great, and helpful in making me feel safe when making the decision to get a restraining order, go ahead with charges, etc.
Incident:
Recently, I was unfortunate enough to be stuck in a small waiting room alone with my monster of an ex, for the first time in many years. He was violent with me once again, while our daughter was having surgery. He left, and I reported the incident to 2 nurses and 2 security guards, who told me to hang tight, that the on duty LEO would be there shortly to speak with me.
I was very shaken up and nervous and upset. The officer asked me what happened, advised me to file a restraining order, and said that there was nothing he could do at the moment, as my ex had already left the building. I showed him the marks on my arms from where he had grabbed me. He said he'd file a report, and it would be available in 72 hours. He didn't give a card with a report number, and he didn't take any photos of my arms. He told me that he was on his lunch break, so a Security Officer would escort me to my car... I was fine with this, as long as someone did.
Fast Forward 3 days:
I call for a copy of the report, as my lawyer told me to have it for the upcoming Injunction hearing. They told me that the Officer never filed a report. I didn't think this would be a problem, as the Security Officers had filed a report, and documented that I spoke to an LEO. I later went in to the PD and filed a report with the available LEO. I just figured the Officer forgot, or was really busy.
Fast Forward to today:
Injunction hearing. There was not enough time to hear all the testimony, so we are being continued- BUT- The respondent's attorney subpoenaed the LEO. My attorney briefly spoke with him, and he is stating that I told him I did not want a Police Report to be filed. He stated he did not see any marks on my arm. This couldn't be any less true. I never said anything close, that he could have possibly misconstrued as me saying I didn't want to file a report.
My question:
Would there be any specific reason for him to do this? I didn't make any complaints, nor will I, about him not filing a report. Do LEO's get in trouble for not filing a report, when one is requested, or something? I don't want him to get in trouble or anything. I also do not want my injunction to denied because of testimony that I didn't want a report, and I had no marks on my arms- when I testified the opposite. Any advice or insight as to his reasoning for saying I stated I did not want to file a report?
Thank you so much for any advice, or opinion on this matter. I truly appreciate everything you LEO's have done for my family and I!