legal questions

Discussion in 'Et Cetera, Et Cetera' started by mephistopheles, Aug 15, 2007.

  1. mephistopheles

    Gold Member

    Joined:
    Aug 27, 2006
    Messages:
    1,324
    Albums:
    1
    Likes Received:
    58
    Gender:
    Male
    Location:
    Hell
    can a state bar a legal adult from speaking to a minor without a restraining order?

    I'll explain later.
     
  2. Osiris

    Gold Member

    Joined:
    Jul 22, 2007
    Messages:
    2,725
    Likes Received:
    5
    Gender:
    Male
    Location:
    Wherever the dolphins are going
    Depends on situations. It could have to do with the minor. The parents could have something in place. It really sort of depends on where you are talking about this happening, if you have a clean history (especially pertaining to child offenses), and is this kid clean (no juvenile convictions, etc.)
     
  3. ganja4me

    Gold Member

    Joined:
    Apr 16, 2007
    Messages:
    1,335
    Albums:
    1
    Likes Received:
    1
    Gender:
    Male
    Location:
    U.S.
    I always thought that the only way you could stop a person from contacting someone specific was with a restraining order, whether they are a minor or not.
     
  4. Osiris

    Gold Member

    Joined:
    Jul 22, 2007
    Messages:
    2,725
    Likes Received:
    5
    Gender:
    Male
    Location:
    Wherever the dolphins are going
    I bet it's one of those laws that was incepted in 1850-whatever and has slipped through the cracks and was never taken out of the books with the changing times. Some idiot who knows it's there may be enforcing it for their own means.
     
  5. mephistopheles

    Gold Member

    Joined:
    Aug 27, 2006
    Messages:
    1,324
    Albums:
    1
    Likes Received:
    58
    Gender:
    Male
    Location:
    Hell
    Heres what this topic is pertaining to...

    My story

    I want to know if her mother put a restraining order to keep me from talking to her.

    I want to know what will ahppen if she contacts me or if i contact her?

    How long to restraining orders last before needing to be renewed?

    I'll call around tomorrow, but i just wanna see if i can get some short, sweet answers a little more quickly.
     
  6. simcha

    Gold Member

    Joined:
    Jul 16, 2007
    Messages:
    2,242
    Likes Received:
    3
    Gender:
    Male
    Location:
    Over The Rainbow
    Look, I read about your situation. And the laws change depending on what state you reside in. In California, you must get a temporary restraining order first. You do that by going to the police in your city and making an application and paying a fee. That TRO is good for 30 days. Within that time you must file for a permanent restraining order. If you get the permanent restraining order petition delivered to the intended person who you are trying to restrain before the deadline then it stands until the court date. A permanent restraining order is issued after a judge hears the petition and decides on the matter. If a permanent restraining order is issued, then it lasts for up to three years. The judge decides on the time limits...

    So, google it for your state.

    Also, there are different rules in different states about reporting child abuse. In California, you could be liable for making a false report if Child Protective Services determines that there is no abuse taking place. In some states they take anonymous reports.

    So, you're going to have to weigh the risks and benefits of making a CPS or DSS report. If you make a report and abuse is found your gf will be removed from the home, most likely. That isn't always the consequence even in California. Sometimes the court mandates treatment for the entire family and a therapist is sent in to do an assessment, provide family therapy, and provide individual therapy. Also, a case manager will work with the family to get wrap-around services for the family. Here in Califoria, CPS tries to keep families together when they can. If the abuse is extreme enough though, the child is removed from the home and placed into foster care.

    If the mother is using a restraining order to shut you up about abuse, then see a family lawyer about it because if you report abuse, it might stop her from being able to file a restraining order. Then again, if the mother is agressive enough, it could backfire, depending on how good your legal representation is.

    Proceed with care. Follow your conscience. You'll have to live with whatever you decide to do. I'd suggest finding someone you can talk to about the trauma you've been through personally. Try a high school counselor if you don't know anyone else. If anything a high school counselor can refer you to other help if you need it. Make sure you get enough support for yourself. You are also in need of protection and healing...
     
Draft saved Draft deleted