What are the rules of an order of protection?

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What are the rules of an order of protection?

An aggressive family member had got into a argument with a victim family member and I was a witness. They both stay in the same home. The aggressive family member had stomped the victim member with a 3 inches heel boot. The victim never fought back. As a witness, I and the victim told the police and they did nothing. What should we do? The victim also filed a limited order of protection. What should we say to the judge at the hearing? Does the victim have a public defender she doesn’t know about? Is this civil or criminal? All involved are children to the owner of the property.

Asked on October 13, 2010 under Criminal Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The information that you have given here makes me alarmed.  Are the children minors or adults?  Young adults?  Where is the parent?  A public defender is someone the court appoints to a person who is arrested in a criminal matter and not to a person trying to get an order of protection.  What the victim needs to do is to go and talk with legal aid or family services agency and get some help.  If they all live in the same house this could be a very difficult situation to resolve.  Can the victim go and stay with another family member that they trust for the time being and until the situation irons itself out?  The victim needs to tell his or her side of the story to the judge and that se or he fears for her safety.  But they all need help here.  Good luck.


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