Criminal Law Questions? Ask a Criminal Lawyer.
Hello, how are you today?
I am sorry to hear of your situation.
So you are wondering if filing a false report is a felony or misdemeanor in Illinois?
Yeah, if the police had visited the house night before, due to my father being extremely verbally abusive
not if sorry, stress and tired
the police while they were there did witness verbal abuse
I understand, have you been charged with anything?
i'm not the one who did anything wrong, I never said a word back to my father, just gathered my things and left the townhouse I own since police would not force him to leave
Ok, I understand.
Let me look up that law to verify, but it is usually a misdemeanor.
i read online that it either either a misdemeanor or felony depending on situation
Right, but in your type of situation it is usually a misdemeanor or violation.
so why I came here to ask, and advice on what to do since I fear for my safety, since my dad said to me he "Would make my life living hell", and wondering if that would be enough to get a emergency restraining order agianst him
You own the home?
Does your father have an ownership interest in the home?
along with him lieing to the police, and yes I own the home, and I have a limited financial guardianship, my father is a guardian, and wishes to keep the money he gets every month to help with my needs
Have you asked him to leave?
I do not have a guardian of the person, I am the guardian of my own person, I know all of my information
I asked him to leave but he would not
And you are not his guardian, and he does not have an ownership interest in the property correct?
I do not believe so, he lives there for free, and does not pay rent, and wondering if what I have is enough to get restraining order on short notice?
Yes, it is, if he is verbally abusive and you have had to call the police, I would consult the sheriff's office to have him removed from the home and trespassed from your residence.
ok thank you, XXXXX XXXXX I file the restraining order at the police station?
First things first, I would have him removed, and then you can either file for a protection from abuse petition, or consult a civil attorney to draft a restraining order.
But yes, you can get the information for the protection from abuse at the police station or sheriff's office.
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i am staying with my aunt currently, and it was not clear what you said, would I be able to do all that at a police station?
Yes, I apologize for the confusion. If you want to get the protection from abuse, which is a restraining order, you can do that at a police station.
ok thank you very much, that is all I have to ask.
Great, please provide a positive rating at this time if I have answered your questions!
Have a great night!