Police Negligence Legal Recourse

Summary

Heather Weisss house was allegedly burned down by her ex, after the Stephens County Sheriffs Department failed to uphold a protective order. She reported the threats and arson to the police, but no action was taken. She is currently in North Carolina and is unsure if she can use a lawyer from there or needs one from Georgia. She has been advised that she might need a civil rights attorney to file a lawsuit against the police department for negligence, and a criminal defense attorney for the arson case. The fire marshals investigation into the arson case is still ongoing.

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My es burned down my house after the police wouldnt do anythinn
I'm sorry to hear about your situation, Heather. Did you report this incident to the police and do you have any evidence to support your claim?
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I'm sorry to hear about your situation, Heather. Did you have any insurance on the property?
I have a tpo on him since june 21st2023 they didnt do anything to stop the calls from jail he was in there from hune 1q * til july18 * n the day he was released he was calling me threatening my life i called the police twice for this n they did nothing told me i couldnt prove it was him with the calls n i said yes i can the police wouldnt listen to me n the end result was he burned down my house im now in NC n this happened in toccoa GA am i able to use a lawyer in NC or do i have to use one in GA
Did you file a report about the threats and the arson incident with the police in Toccoa, GA?
Stephans county sheriffs dept are fully aware of all this and the fire marss office has a 10k reward for info about the fire i want the police to pay because had they done something when i called them about the threats i would still have my home they didnt uphold the protective order and now im homeless i lost everything in that fire
Did you have any insurance on the property?
No
What steps have you taken so far to hold the police accountable for not upholding the protective order?
Ive called their complaint number and immediately got attitude because theyre angry i am angry because they didnt do their job and honor the order
What evidence do you have that the police didn't uphold the protective order?
They didnt follow the order it states no contact with me directly indirect or through another person online or otherwise for one and the pho w calls and threats were ignored i was told i cabt provw anything i have call logs from the defensant from the day he was served the exparte order when he was in jail aand called the jail td them to block my number and that i have a tpo on him and they didnt my lawyer also called twice about this and they did nothing he never shouldve been released because of that i dont havve a home if the last cop i dealt with had listened to me and lioked at the call logs i have and put the times he called from a location and actually went there instead of calling to see if he was there i wouldnr be without a home they took me to my moms that was their solution to the death threats and * mins later the same office came back and told me he burned my house down and now he can do something after i have nothing then they would listen then he would hear the voicemail amd get a warrant for him and then they didnt charge him with aggravated stalking which is what the protective order states if he viokates it but they only got him under stalking which is a misdemeanor in georgia with a * bond if makes that he will again try to find and kill me i am in NC. Now because im not safe in georgia if he is free
What steps have you taken to ensure your safety in North Carolina?
I am with my brother for now because i have nowhere else to go
Have you considered filing a complaint against the police department for negligence or failure to enforce the protective order?
Yes thats why im contacting you i need direction on how and where to start they violated my civil rights among other things
What specific civil rights do you believe were violated in your case?
I dont know thats what i was told by justask.com lawyer
A lawyer on justask.com told me that and so did my lawyer that handled the tpo
What specific rights did the lawyer from justask.com mention were violated? This information can help in understanding your case better.
He didnt
What is the name of the police department you filed the complaint with?
Stephans county sgerid
What is the current status of your complaint with the Stephens County Sheriff's Department?
Ffstephans county sheriffs deo
Stephans county sheriffs department
Stephans county sheriff's department
What is the current status of your complaint with the Stephens County Sheriff's Department?
I dont know
Have you contacted the Stephens County Sheriff's Department to follow up on the status of your complaint?
No
Have you considered contacting a local attorney in North Carolina to discuss your case and explore possible legal actions?
Yes
What was the response of the local attorney in North Carolina when you discussed your case with them?
I havent contacted noone yet thats why im talking to uou
What type of legal assistance are you seeking from us today?
What kind of attorney do i nesd
Based on your situation, you might need a civil rights attorney to help you file a lawsuit against the police department for negligence. Also, a criminal defense attorney could help with the arson case.
Ok thank u
What is the current status of the arson case against your ex?

In general, for negligence cases against police departments, you may need to prove that they owed you a duty of care, breached that duty, and that breach caused your damages.
They havent charged him yet the fire marshalls investigation is still open
What evidence does the fire marshal currently have regarding the arson case?
Samples were taken and an accerant was u
What type of accelerant was found at the scene of the fire?
He said charcoal lighter fluid
What actions have been taken against your ex since the discovery of the accelerant?
None
What is the current status of your Temporary Protective Order (TPO) against your ex?
Active it was granted on july * * and is for 12 months
What actions have been taken to enforce the Temporary Protective Order (TPO) since it was granted?
He was jailed again but only for stalking and probation viation for the case before of him hitting me on * seperate occasions is why he was on probation
What actions have been taken against him for violating the probation? In general, probation violation can lead to severe penalties including jail time, fines, extended probation, or more stringent conditions.
He is now in jail charged with that and stalking foe violating the protective order but the order states if he violates it he will be charged with aggravated stalking
What is the current status of the aggravated stalking charge against him?

In Georgia, aggravated stalking is a felony punishable by imprisonment for at least one year and not more than ten years.
He hasnt been charged with that thats what im telling you
What steps have you taken to ensure that he gets charged with aggravated stalking as stated in the protective order?

In Georgia, violating a protective order can lead to charges of aggravated stalking, which is a felony.
I have called the police and asked why he hasnt bwen charged with that and they have done nothing told mehes in jail and what is my problem
What was the response of the police when you asked them about the aggravated stalking charge?
They saiid he is in jail what is my problem
Thats what they said
What is the current status of your ex's case in jail?
He is in jail
What charges is he currently facing in jail?
Probation violatio. And stalkin
What is the current status of the probation violation and stalking charges against him in court?
I dont know
Nothing
What is the current status of the fire marshal's investigation into the arson case?
Not sure
What is the current status of your Temporary Protective Order (TPO) against your ex?
I already answered that