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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12955
Experience:  B.A.; M.B.A.; J.D.
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I am disabled and my sister has frequently come to my house

Customer Question

I am disabled and my sister has frequently come to my house and verbally abused me and also in public at the hospital while visiting my mother. I was visiting my mother in a nursing home on Christmas eve along with my Medical Power of Attorney (this is not relevant accept she is fully aware of all abuse and has directed my sister to stop) anyway, my mother has alzhemiers and we thought she fell in September and broke her hip and arm. My father has a very long history of being a nasty alcoholic and verbally abusing my mother and me when I am around. I do not live with them. On Christmas Eve, while visiting my mother, in casual conversation, I asked my mother if she remembered how she broke her arm and hip. After a long pause, in a complete sentence, she stated "Your dad beat me and twisted my arm." My friend and I both heard this and we asked her to repeat it and she did. I asked her why she had not said anything before and she said "I was afraid." My friend and I reported this to the nursing home administration and they called my brother who called my dad before I could get the police there to interview my mother. The nursing home would not let me call the police on Christmas Eve, however, after I left the nursing home, my friend and I did go to the police station and report it. The next morning, my dad went and visited my mom, which was his usual routine. Her story never came out. However, the nursing home administrator staff went to my mother later in the day and had conversation and asked my mother if she wanted my dad banned and my mother said yes. So my dad was banned from the nursing home.
This freaked my siblings out. My abusive sister, proceeded to retaliate against me on Monday, by calling the nursing home administrator and tell her that I verbally abused my mother???????? I have no idea when......this is retaliation. I will say that when my mother was in her right mind, she would verbally abuse me and we would argue. My medical power of attorney can attest to that.
Meanwhile, my sister is relentless in her attacks and abuse on me, a disabled person. I need to get an order of protection against her. She is making me ill.
I was simply reporting what my mother reported to my friend and I. It had to be reported. Who in their right mind would not report this. This injury was what put my mother in the nursing home as well. She would not be there if this had not happened.
Help me please.

I forgot to add that when my sister called and said that about me, I was banned and then not banned and placed on restriction as was my father. The nursing home called the police, based on unfounded info on me???? I have lung disease and PTSD--this triggered an episode that caused me to be unable to breath. All episodes do this. I have to get IV bag treatments to open my lungs up. I do not have the usual asthma. It is stress induced and I am on Retirement Disability for Life.
Submitted: 3 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 3 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

I am sorry to hear about your troubles. I hope that you and you mother are doing much better. You need to apply for a Temporary Restraining Order against your sister. The forms for applying for the Temporary Restraining Order are available at the Courthouse in the Clerk's Office. The staff would assist you in completing the forms if your need help and take you in front of the Judge to obtain the Order ex parte (without notice to your sister.) Once the Order is issued, a Sheriff would serve the Order on your sister with a notice of next court hearing date on the matter. You have to show up for this date. Otherwise, the Temporary Order would be dismissed. On the other hand, if your sister does not show up, the Judge would most likely extend the Order based on your testimony. If both of you show up for the hearing, the Judge would hear from both of you. If the Judge is convinced that you still need the Restraining Order, the Order would be extended. Otherwise, the Order would be dismissed.

 

http://www.state.il.us/court/CircuitCourt/CircuitCourtJudges/CCC_County.asp

 

Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12955
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Is there a place online where I can get the IL forms to fill out and have ready for the court? And since my abuser lives in a different city, how will the order of protection or restraining order be delivered?
Thanks!
Expert:  Phillips Esq. replied 3 years ago.

 

Is there a place online where I can get the IL forms to fill out and have ready for the court? And since my abuser lives in a different city, how will the order of protection or restraining order be delivered? Thanks!

 

Response: No. The forms are not available online. You would need to go to the Clerk's office at the Courthouse where you want to file for the Restraining Order to get the forms. The Court would give strict instructions on how the Order must be delivered to your sister, in another City. The County Sheriff usually serves the Order on the Defendant.

 

Use the link that I previously to contact the Clerk's Office for the forms:

 

http://www.state.il.us/court/CircuitCourt/CircuitCourtJudges/CCC_County.asp

 

 

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