What happens if a victim requests not to file a protective order?

When a victim requests not to file a protective order, the implications depend on the victim's age and specific circumstances. If the victim is under 18 or is an adult ward, the attorney representing the state has a legal obligation to file an application for a protective order even against the victim's wishes. This requirement is in place to ensure that minors or individuals unable to protect their own interests are given necessary legal protections.

In situations involving adult victims who are not wards, the state's attorney typically respects the victim's decision not to file. However, for minors and adults who are wards, the law prioritizes their safety and well-being, and filing may proceed regardless of the victim's request. This framework underscores the importance of protecting vulnerable individuals from potential harm, thus allowing the state to take necessary action when the victim is unable to do so effectively.