Generation Information About Legal Topics
Topic 139: What If My Housemate Abuses A Child?
(revised 11/97)

A child - someone under age 18 - who has been abused by an adult household member, or stalked, may obtain protection of the court. In order to obtain protection, the child must allege that he has been a victim of physical injury, sexual abuse or emotional abuse.

A petition for protection cannot be filed by the child. Instead, a parent, a guardian, a court appointed advocate, or a juvenile officer may seek protection on behalf of the child. The order of protection can restrain the abusive adult from a child's home and prevent him from any type of contact with the child. Depending on the relationship of the child to the abusive adult, the court can also order the adult to pay child support, pay maintenance, formerly called alimony, and award custody of minor children.

The initial order, which may be obtained upon completion of a petition, is in effect until the time of the full hearing. The court will hold a hearing where the abusive party responds to the allegations made on behalf of the child. If the court finds that abuse or stalking has occurred, then it may issue another order of protection for a period of time not to exceed 180 days. At the end of the 180 days, the court may extend the order for a second 180 day period. The local division of family services may provide services to the child's family or household member while the order of protection is in effect. Violation of the order of protection can subject the abusive adult to either a monetary fine or imprisonment. A person seeking an order of protection should telephone the court clerk's office and ask for information on the Child Protection Orders Act.


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