Why can't I file an Order of Protection?

Question

I live in a subburb of Chicago, IL (DuPage County) and am currently renting out a finished basement from a woman in her home that I found on Craigslist. About six weeks into my lease, my new roommate’s boyfriend was released from jail, and then managed to weasel his way back into the house. She believed this b******s lies and allowed him to stay. At first, he did not seem to be much of a problem. They argued here and there, but nothing to be alarmed about. Then he started drinking. He does not work so he is home all day getting drunk. I came home one day to find my TV on and my DVDs where scattered on the floor; I knew he had been down in my space. I confronted her about it, but did not make a police report. Then about a week later, he locked me in the basement so I could not leave, again I did not file a police report. I didn’t know I should of, so I didn’t. He became violent with my roommate about two weeks ago when she confronted him about taking one of her credit cards and using it. The cops showed up and arrested him for battery and theft, but for some reason the district attorney could not make the charges stick. They released him from jail yesterday and he showed up here at the house today. I am pissed, so I called and spoke to the cops. I asked them if I could file an order of protection against him and they said I could not, because I wasn't the homeowner. I don’t understand why; I don’t feel safe around him, he has made idle threats toward me, and locked me in the basement? Why can’t I file the order? Please explain. Thanks

Answer 1

The cops are incorrect.

Whose name is on the lease?

Are you a renter/ with the owner living there too?

These things matter, because

one it might be easier for you to move out, because that guy should not have been allowed to move in with out your consent

two he is not stable, and the reason why the charges didn't stick was because his gf did not file any charges.

if he makes another threat towards you, call the police again.

if he locks you in the basement again call the police.

and you file a citizens arrest based on his threatening behavior. but if it is the home owners / your roommate bf, you will probably have a problem.

OR MOVE OUT, AND SUE YOUR ROOMMATE/HOME OWNER for the charges and stress  

Answer 2

You should write complainant about helpless police officer to the police department official website, and try to speak another police officer.

(remember Police officers are not a lawyer)

Answer 3

its not up to the cops it is up to a judge if you can get a restraining order go to your local clerk of courts office and file the paper work if he is locking you in your own basement and i say your own because if your renting it then it becomes your house then he is committing a crime  

Answer 4

I don't understand why you can't file a protection order just for your own personal protection.  If I were you, I would start looking for a place to move to.  Even if you have signed a lease, surely, putting up with her boyfriend wasn't part of the bargain.  I wish you luck.

Answer 5

You can. Talk to another officer or go down to the police department and ask to speak to a Captain or detective.

Sounds like theres more to the story, and I suspect I know what it is, but try to file the paperwork for it while down at the PD.

Answer 6

From my own experience, cops don't want to get involved where there is a truly violent person involved. They only get involved and come arrest somebody when they know the charges are bogus and the person they are arresting is innocent.

You do have a right to get the protective order. You do not need to be a homeowner; just tell them you live or used to live with the guy and now he's bothering you. If they still refuse, take the refusing officer's name and go get a lawyer to get that protective order for you. If something, God forbids, happen to you, the cops will be liable as well for not letting you file in the first place. Good luck and all the best to you!

Answer 7

That is upsetting. this guy is bothering you to the point where you feel unsafe and the cops will not do a thing about it. I would call a lawyer and in the mean time..carry some mace. good luck!