Legal Question in Criminal Law in Illinois

My dad (age 61) has returned to relationship with a woman (age 44) for about 5 months after having a past order of protection on her in the year of 2008. He got back in a relationship with her thinking things would get better and she�d c hanged, but it only got worse she began hitting him again. A few weeks ago they had a domestic dispute and she reported that he�d head butted her. They came to his home that he owns, took him to jail and told him he couldn�t come back to the home he owned and to stay away from her. They have separate living quarters..she only would stay overnight but would go home the next day to her own home. After he bonded out of jail he returned to his home and they had no contact. I have been taking him to the Cancer center and he�s had surgery as well. Within 2 weeks time he was taken back into custody due to her putting in an order of protection this time and she included that he hit her and that she was forced to have sex with him from the first time he was apprehended. So there was a warrant processed and shortly after they came to pick up my dad again, not telling him what for. For some reason she felt the need to continue to contact his 87 year old mother and other family members that barely know her and they are wondering why she�s calling. He�s being charged with sexual assault and bodily harm and it�s not true. She has set out to make his life miserable due to him having an order of protection on her in 2008. He�s a former truck driver so she�s calling his friends that are truck drivers saying she�s going to make him lose his CDL as well. I have walked into my dad�s home finding her walking around in nothing but panty and a t-shirt comfortably, but she proclaims sexual assault. He has no job�seeking health insurance�Medicaid�.and Lymphoma Cancer. He wants representation other than a public defender and we are not sure how to go about helping him. In addition to that, the lady has broken into his home and took everything back that she gave him as a gift and said that it was never his. I visited my dad in jail and he told me to call the Police to get a burglary report written, but they came and did nothing. They said there was nothing they could do because of no sign of forced entry (She doesn�t have a key), but everything she gave him is gone. Which means she wasn�t alone lifting all the heavy things that were taken out of the home. How can I help him get his home protected and bar her from his home? How can I get him discounted or free legal services?


Asked on 4/07/11, 11:59 am

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Hello. First I suggests that you take steps to have yourself appointed guardian for your dad. This is done in probate court in the county of your residence. Since your dad is in his 60's and appears to have a chronic medical condition, I think this would be the best legal move. If your dad will consent to you being his guardian, that will be great. Once you have been named his guardian, your dad's home will be listed in the inventory of assets owned by him. You will then be able to bar this person from your dad's home as his court appointed guardian. With the probate court involved your dad, in a sense, may have added protection and may then qualify for discounted representation in the criminal matter. Also, the criminal court judge may be inclined to release your dad on an I-bond once a guardianship is in place. Of course you should act on this immediately. You certainly will need legal representation in both the guardianship and criminal defense of your dad. Will be happy to discuss this further and in more detail. The guardianship is quite an involved process and I cannot begin to explain the entire procedure here. Get legal advice from an attorney in your area as soon as possible.

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Answered on 4/09/11, 9:39 am


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