Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for your questions.
Unfortunately, this is a very common occurrence. Prosecutors are overwhelmed with the number of cases that they have. Additionally, it is very expensive, and takes a lot of work to bring any charge to trial. Thus, prosecutors must prioritize which cases will go to trial, and which will be plead. Less serious assualts will receive deals.
The fact that he received a deal should have no bearing on whether you seek and receive an order of protection. In fact, you can receive an order of protection against a person even if that person has never been charged before.
If you feel threatened by your brother-in-law, I would recommend that you seek the order of protection. The underlying facts being what they are, I would be very surprised if you were denied the order.
If you have any further questions, I'd be happy to assist.
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