Legal Question in Personal Injury in South Dakota

can my mom file a restraining order against my boyfriend without evidence

I am going out with this guy. My parents don't approve of him. Now they want to file a restraining order against him, but he hasn't done anything to harm me. is it possible for them to file it, even withouht evidence


Asked on 3/07/05, 1:35 pm

1 Answer from Attorneys

Scott Sumner Sumner Law Office, P.C.

Re: can my mom file a restraining order against my boyfriend without evidence

No. For a judge to issue a restraining order, there has to be evidence of wrongful conduct that meets that requirements that the court's look to for determining whether to issue a restraining order, also called a protection order. There are a number of different statutes that set for the circumstances where a protection order may issue, but the mere fact that a parent may not want someone around their child, all by itself, will probably not suffice.

On the other hand, assuming you are a minor, you should probably listen to your parents. They have a lot of personal responsibility for you and, with that, the right to restrict your activities in your own best interest, even if you do not agree.

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Answered on 3/07/05, 2:31 pm


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