Legal Question in Sexual Harassment in Kentucky
Restraining order threatened by Principle
18 yr olds principle has threatened him with a restraining order if he doesn't stop talking to his 16 yr old girlfriend at school and also school functions. Can the principle leagally do this?
1 Answer from Attorneys
Re: Restraining order threatened by Principle
The age of consent in Kentucky is 16 (14, if the other party is under 18), so an 18 year old has every constitutional right to speak to a 16 year old friend. If the 16 year old girlfriend objects to this contact, her parent or guardian may petition a Kentucky Circuit Court for a restraining order (the girl, a minor, has no standing to do so). The parent or guardian may also file a criminal complaint on behalf of the girl, charging harassing communication, in Kentucky District Court. Again, this is only if the girl or her parent/guardian objects to the contact.
The school principal, on the other hand, has no legal standing either to ask for a restraining order or to make a criminal complaint. He does, of course, have authority over reasonable discipline on school property. If he has reason to believe that the 18 year old's behavior is somehow dangerous or disruptive of the educational environment, his authority is limited to suspension or expulsion of the 18 year old.
From the limited facts presented, it appears the principal is bluffing, and interfering with legitimate and constitutionally protected teenage behavior. He needs to re-read Romeo and Juliet.