Asked in Restraining Orders
Can the parents of a 16-year-old obtain a restraining order against her 20-year-old boyfriend without her participation?
I'm not sure what state you live in, but I'm pretty sure in most states you "are" a minor and if your sexually active with this man your parents can do alot more then just get a restraining order against him. As your parents, they act in the best interest of the "child". He could even go to jail for statutory rape. Yes * Only in extreme circumstances Restraining orders against individuals regardless of the person's age are only applicable if there is a proven history of physical violence or substantiated threat of such. In some states it is possible for the parents of a minor to obtain a "no contact" order if the court believes such an order is warranted. The co-operation of the minor is not required for a petition to be filed by the parents or guardian. Please be advised, that all such petitions are granted on a temporary basis and once granted there will be a hearing date where all involved parties will be required to appear and state their case, this includes the person named in the temporary order. In most states, yes. There is no judge in any US state that will grant a restraining order against a person based only on the fact that the parents of the minor does not want their child to have contact. There must be documentation of physical violence or a serious threat. The law will not take on the parents' responsibility when there is no physical danger to the minor or the minor's family, that is not a criminal issue it is a civil matter. If the courts intervened everytime a parent objected to their child's choice of friends there would be little time left for other legal issues.