Legal Question in Family Law in California

Restraninig orders dealing with minors

i am a minor and my mother wants to put a restaraining order on my boyfriend. Can she do that when I dont want the restraing order active, or can she press the order because i am a minor under her guardianship?


Asked on 4/18/04, 12:51 pm

2 Answers from Attorneys

Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Restraninig orders dealing with minors

She may obtain a restaining order against your boyfriend if he has recently harmed or threatened either or both of you with harm. If he is violating the law by dating you already -- for example, statutory rape laws -- she may press criminal charges as well.

I recommend that you make every effort to open communication with your mom, learn exactly what her concerns are, and try and work out a compromise solution. If that doesn't work, and she suceeds in obtaining a restraining order, remember that your boyfriend will suffer the consequences if you two are caught violating it.

Best of luck to you.

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Answered on 4/18/04, 4:14 pm
Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Restraining orders dealing with minors-amended response

This amends my earlier response to the question:

Your mother can only obtain a restraining order (a civil harassment restraining order) if your boyfriend recently harmed or threatened harm to her personally. She cannot obtain one on your behalf. Only you can do that if you are 13 or older.

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Answered on 4/27/04, 4:47 pm


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