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If someone is found not guilty for a crime against me can I be sued?

Crete, IL |

My brother was charged with violation of an order of protection. If he is found not guilty he is threatening with a l?wsuit. Can this be held against me or should I just drop it as I do not have money to recover any fees.

Attorney Answers 4

  1. If you reported a violation of the protection order and he is found not to have violated the protection order, that will not, on it's own give rise to any law suit by him against you. There may be consequences if you lied, but don't admit that publicly here. If that's the case, call an attorney privately and discuss the situation. Most offer free consultations.

  2. If he is threatening you with a lawsuit in order to get you to drop your case against him, you should report that to the prosecutor handling the case. It sounds like he is violating his order of protection by doing this, as well as trying to intimidate a witness.

  3. One may be sued civilly under any legally recognized in the U.S. doctrines such as for damages, breach of contract, false imprisonment, libel, etc., yet a Movant in a civil case for damages must have a meritorious case and has a burden of proof in most cases by the preponderance of the evidence, thus, without learning more about your personal circumstances it is impossible to advise you whether there are merits to a civil actions against you under any applicable legal premises.

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  4. There are different types of orders of protection. Some are "No Contact" Orders and others are "No Unlawful Contact" Orders. There is a BIG difference between the two.

    Knowing what type of order of protection was allegedly violated could shed more light on your question.

    His threat to sue you if he is found not guilty seems like something that needs to be brought to the State's Attorneys attention as it seems like he has now committed the additional offense of Intimidation, which is a felony under Illinois law, but this is just speculation as I don't know the specifics about your situation, and suggest that you do not post specifics in a public forum, instead I advise to contact a lawyer directly.

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