Legal Question in Family Law in Texas

does it cost money to get a restraining order on someone? and is there a certain age you have to be? I want to file one on my father, he hasn't hit me or anything but they way he talked ( I haven't spoken to him in like a month or so ) to me I felt like he was gonna beat me and I am honestly scared he's going to come kidnap me for my moms house or something. I keep on having bad dreams about it and my dreams usually come true, kinda like a warning you know? but I don't know what to do, I tell him not to text me and he does anyway and I'm scared one day he's going to snap.

and you're probably thinking he just talks rude to you, he would yell in my face, like an inch away. and one time a shattered the windshield of his roommates car ( she's an 18 year old girl why is she living with my douche of a dad? ) but he got mad at me because I called my mom because I was scared? I don't know.. I'm 14 by the way but I've had enough of my douche bag of a father


Asked on 7/24/13, 8:48 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

You are 14 and a minor. You have no legal standing to go to court. You would have to have one of your parents - in this case, your mother, go to court and ask a judge to help you.

I hope this helps.

If you are in danger, you need to make "out cry" to an adult that has a legal responsibility to report this.

Who?

Someone like -

a teacher, school counselor,

medical service provider (doctor, nurse or school nurse)

minister, preacher

police officer, constable, sheriff

These adults are required under TX law to call CPS and make a report.

You must make them aware that you are scared, afraid & in immediate danger.

Of course, you can call CPS yourself.

But you might be removed & placed in CPS custody away from both parents to be safe.

If you do this, you cannot "recant" your story later -- once the door has been opened -- it cannot be closed.

I don't know if you will like a CPS facility.

If your parents both have to hire attorneys to defend themselves against CPS, they might decide to let CPS keep you and raise you until you are 18. CPS might decide that your mother did not do enough to protect you & they might not allow you to live with her either. It's a risk you take by involving CPS.

The moment you turn 18, you are an adult under TX law and you can leave home. So you need to do good in school and graduate from high school as soon as possible so that you are able to support yourself when you are 18.

I will pray for you and your safety.

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Answered on 7/24/13, 9:14 pm


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