[question10905]

My question involves criminal law for the state of: IL

My children's father and I have been separated for about 6 months. He lives in Chicago and I live about an hour away. He came to visit me and the children and while I was at work we got into an arguement on the phone. I would not open my door when he came back to the house and he broke the door in and came in. He did not become violent. I told him to leave or I would call the police. He took the phone out of my hand and asked me not to call the police and after I told him that I wasn't going to talk to him he left without any other problems. I was angry at him for breaking my door and I called the police. I told the police exactly what happened and made a report. He has not been arrested, and has not returned to my home.
We have talked on the phone and he and I realize the need for us to go to counceling. We have two small children and both want to try to reconcile our differences so that we can give them a good future together. I refuse to drive to Chicago for counceling as I feel he is the one who caused much of our chaos. But, with this police report he can not come to where I live either. The states attorney's office says they have no charges on him, however someone I know said something about a "49" being out for pick up and question on him. I do not know how to go about getting this ended legally so that we can attempt to take the steps to reconcile our relationship. Can anyone offer any advise on how to go about dropping the police report, or is that even possible? what options do I have if any?

[DonnyC]

I would not open my door when he came back to the house and he broke the door in and came in. He did not become violent.

Sounds violent to me.

He took the phone out of my hand and asked me not to call the police

Hmm he kept you from calling the police.

Why did you even call the police? Is this the kind of behavior you want your kids around? Ok now im done with the lecture...

If simply a report was filed, he can still return to the residence unless you filed a order of protection.

[divemedic]

What he did IS domestic violence, as DonnyC pointed out. There still may be charges pending. I also ask you to consider this: If he was not violent, and you were not in fear, then why did you call the police?

[Mr. Knowitall]

The states attorney's office says they have no charges on him,

So far, so good.

however someone I know said something about a "49" being out for pick up and question on him.

Who is this person and why do you care what they say?

[question10905]

I am not accepting his actions. Nor am I making excuses. I was angry for him breaking my door and I still am. We have both been in church for many years and realized together that we need counceling which our church provides. I am simply just wondering how to remove or resolve this police report so he can come to my city without being in jeopordy of being arrested. I was told by an attorney that he had a "49"