Do I have enough grounds to get an order of protection?

[cosmicel]

I sublet a room in my apartment to someone last month. Since then he has been constantly harassing me (I'm also a male btw), calling me vulgar names, constantly cussing at me and screaming in my face, kicks my puppy, has threatened violence, threatened to kill my dog, poured bleach all over my wood floors, does 4 loads of laundry a day and leaves the shower running for several hours to run up my utility bills (even though he refuses to pay rent saying he'll live there for free til i evict him). I have called the cops on him a few days ago when he went into a rage, and the building management also has a couple weeks ago for harassing the doorman. I'm under constant stress was just put on valium and sleeping pills for the anxiety i've been having over him. If I went to file an emergency then final order of protection against him for harassment would I have enough evidence with the police calls and medical record since it's illegal to tape record in IL? Or do I need to somehow get more evidence?

I could go through the route of eviction but I can not mentally/emotionally continue living with him for 3+ months til the process goes through. Please, any advice is welcome.

 

[OHRoadwarrior]

Did you ask the police what their opinion was about the matter?

 

[cosmicel]

No I was looking for legal advice

 

[single317dad]

You signed a contract. Presumably, you did so without doing much of a background check.

That said, an ex parte temporary order of protection shouldn't be much of an obstacle. That would buy you some time while the clock ticks on the eviction. Once there's an actual hearing on the protective order, you'll have to prove he's a danger to make it permanent.

You should also look into improving your stress management. Unless you're disabled, this guy shouldn't be able to push you around to the point of eating pills to cope.

 

[cosmicel]

You are right. He shouldn't be able to. That is exactly the reason I'm perusing a restraining order to get this bipolar freak out of my place. The only problem is coming up with actual "proof".

 

[single317dad]

You are right. He shouldn't be able to. That is exactly the reason I'm perusing a restraining order to get this bipolar freak out of my place. The only problem is coming up with actual "proof".

The police report will do nicely, for a start. Testimony of the landlord and neighbors who witnessed the acts will help.

 

[CdwJava]

Without witnesses, and if he acts perfectly calm, reasonable and articulate if the police talk to him, this might simply be seen as a poor man's eviction.

Talk to anyone who might have witnessed these threats or violent acts and get their statements in writing if you can. You might also consider proceeding with the eviction process anyway. Even if the harassment order is granted, you will STILL have to evict him or he might be back.

 

[OHRoadwarrior]

The judge will look at the police report for tidbits of their viewpoint. If you did not solicit their view, you do not have a hands on legal opinion as to the events you want to present to the judge.

 

[CdwJava]

The police shouldn't be writing opinion in their reports. And, unless a possible crime has been committed, they aren't likely to generate a real report simply to document what a caller says about their roommates. They should write what they were told and what they observed and offer no opinion as to who started what or why. Again, that's assuming there is something that even necessitates a report either by law or agency policy.

The vandalism to the floor and the threats of harm might be sufficient to constitute a crime in the OP's state. But, the bleach on the floor may be seen as a civil matter if the area was a part of the residence where the problem tenant has access and he denies doing it out of spite or intentionally to cause harm. And, the threats of harm may be insufficient to constitute any criminal act.