Legal Question in Civil Litigation in California
So I am 22 and my girlfriend is 16. We've been together for 6 months and for a while her parents were okay with it as long as we only hung out at her house but one time we hung out at a mutual friends house, her mom found out, and now she doesn't want us to see or talk to each other until she is 18. My question is, is there anything she can do about it if we find ways to see each other as long as we aren't having sex? The only thing I could think of her trying to do is get a restraining order but I don't know if they would grant one if we aren't sexual and there's no violence?
Thanks
2 Answers from Attorneys
Anything she can do??
How does the thought of criminal charges of Statutory Rape, Child Molest, Child Endangerment, Contributing to the Delinquency, etc., sound to you? A restraining order is a given, all she has to do is ask.
That's what you risk and set yourself up for.
I can tell you from other cases that I have seen (not my own, the ones in front of me) that the judges take a dim view of this, and tend to grant restraining orders in these types of cases. The mother or father is usually allowed to appear as a support person, and I have even seen them file with a guardian ad litem.
So as Mr. Nelson points out, a restraining order may be a given. Judges are under strict policy requirements in these situations, and society has a number of problems with underage pregnancy (hence the strong policy behind prosecutions for statutory rape.)
You need to look at this with a different point of view.