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. |