Legal Question in Criminal Law in California
I am sixteen years old. My mother recently placed a resraining order on my boyfriend, who is nineteen. She has placed a restraining order on him because she believes that we enganged in sexual intercourse, although he has never hurt me in any way or forced me to engage in sexual intercourse, etc. I would like to know if there is anything that I can do to eventually lift this restraining order sometime before I turn eighteen, which is when it is supposed to be lifted.
2 Answers from Attorneys
Do your boyfriend a favor and stay away from until you're an adult.
It is a crime to have sex with a minor, even if you want to do it and there's no force involved.
You can also apply for emancipation, which would free you from parental supervision. You're mature enough to make your own decisions, so you're capable of supporting yourself without assistance from your mean old mother, right?
You conspicuously don't say your mother is wrong about you having sex with your boyfriend. Saying only that he never "forced" you to have sex implies that you did so willingly.
I agree with Mr. Marshall. It is a crime for your boyfriend to have sex with you while you are under 18. He may not like the restraining order, but it's a lot better than a conviction for statutory rape, a prison term and the stigma of being a registered sex offender for the rest of his life.
With his tongue planted firmly in his cheek, Mr. Marshall mentions emancipation. But even if a court emancipates you, you will still be under 18 and it will still be a crime for your boyfriend to have sex with you. Emancipation might (I'm really not sure offhand) dissolve the restraining order, but it would likely pave the way for your boyfriend to get into much worse trouble later.
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