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Consequences of an adult filing charges against a minor for assault?

Chicago, IL |

My 16 year old son got into an argument with my 25 year old daughter and he ended up shoving her into a wall causing her a concussion from the shove. Her husband heard them arguing, tried to break up the fight, and ended up fighting with my son. My son in law now has a black eye and my daughter wants to file a report with the police against my son for injuring her, as he has been aggressive with her before. We all live in the same home & he is defiant, but he has never been in trouble with the police before. Can he be charged as an adult for assaulting my daughter? What might the consequences be if she decides to go through with the report? Can this be adressed without involving the police?

Attorney Answers 3


Yes, it can be addressed without involving the police. Just don't call them.
If you do call the police, your son could be charged with a domestic battery. The police would treat him as a juvenile. They could deal with on their own with a station adjustment or they could refer the matter to the court. From there, there are too many possibilities to answer adequately online. You need to speak to an experienced criminal defense attorney in person.

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If you involve the police, your next step will be looking for an attorney to represent your son. If she is afraid of his actions in the future, she can seek an order of protection.

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Whether it can be addressed without police involvement depends entirely on whether or not someone calls the police. If your daughter, or son-in-law, want him arretsed, there's a good chance the police will arrest him and refer the case to the state's attorney for consideration of a Petition for Adjudication of Wardship (the juvenile equivalent of criminal charges). If this occurs, you will also be named a Respondnet in the Petition, meaning you'll have to appear in court with your son.

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