Can a minor remove an order of protection setup by their parent/legal guardian after they turn 18?

[Cole]

Okay, now that I have a little more time, here are some of the things her parents can do to her if they don't like her behavior or who she is seeing, all of which are completely legal and for which she will have no recourse:

They can take the door of her bedroom off its hinges, remove everything from her room and leave her with a mattress on the floor and two changes of weather-appropriate clothing of their choice. They can lock and/or alarm all the doors and windows so that she cannot leave the house without their knowledge. They can confiscate all her books, games, electronics and other possessions; if she needs a computer for school they can require that she use it in the living room under their supervision. They can put a keystroker on the machine so that they can see what she is doing on it. They can ground her from now until her 18th birthday, allowing her out of the house only for school and religious services, if religious services are a part of their family. They can escort her to and from school and if they so choose, even attend classes with her. If she has a job, they can force her to quit it. If she belongs to any clubs or meetings, they can force her to quit them as well. They can essentially sentence her to two years of sitting in a chair with her hands folded, wearing clothing that they pick out for her, doing nothing other than school, and the law will look the other way because it will all be completely legal.

This is exactly what her father has done to her but it just gets worse. That's honestly an accurate description of what her home life is.

Anyways, just got off the phone with General Sessions, Juvenile, and the probation office to look up to see if there is anything on mine, her, her fathers, and even my parents in case he filed it against them. None of them couldn't find anything, Juvenile said anything regarding Juvenile records are classified. They said I probably don't have one out against me however it's most likely apart of the probation. This gives me reassurance and takes some weight off me because I was worried this would show up on my record and could possibly refrain me from going a certain career. The best thing for me to do is even after her probation is over, I'll refrain contact to avoid her father actually getting an order of protection/restraining order. One of the Clerks told me it wouldn't have even been possible for her father to get one against me because it's only for divorces, family, not exactly suited for my situation. Not sure, it's just what they told me. Perhaps when she is 18 and is a legal adult we could try dating again, at the very least then her father won't have jurisdiction over her. I understand this all sounds like a naive 17-year-old boy who got himself into this mess and sounds like I'm trying to get involved more and more but I'm just looking for clarification and peace for myself to avoid any future mistakes and to prevent it happening again. Thanks for all help and criticism, I will try to not take it for granted and will refrain from making this situation worse.

 

[PayrollHRGuy]

The clerk was wrong and shouldn't have been giving legal advice in the first place. Many the teenage boyfriend has been hit with a restraining order.

I do think your decision to have no further contact is the correct one.

 

[Cole]

So an order of protection, no-contact order, or restraining order wouldn't been shown on your record? They said they couldn't find anything regarding one. So is it possible to just create an order of protection/no contact/ restrainment order against anyone regardless of your relationship with them?

 

[PayrollHRGuy]

I was saying the clerk was wrong to say

it wouldn't have even been possible for her father to get one against me because it's only for divorces, family, not exactly suited for my situation.

Yes, a restraining order can and usually will show up on your record.

I also, on second reading, noticed you wrote...

They said I probably don't have one out against me...

I wouldn't bet my future on "probably".

 

[mightymoose]

Best bet to verify the existence of an active restraining order is for law enforcement to run a records check.

It is unlikely you have one though. Your parents would have been served documents and I doubt a judge would issue an order against a juvenile without anyone there.

Most likely this "order" is just a requirement of her probation, not an order imposed upon you. There would be no record of this for you to find.

 

[leslie82]

My girlfriend's father has set up an order of protection against me against her will. I've never received any legal documents or notification of this until I was threatened to go to jail by school's officials for hanging out with her, not fully understanding this was even in effect. She lives in an abusive household and the motives behind her father setting one up are to remove anyway she can get support/help from me and others. Her father has kicked her out multiple times and then proceeded to call the police on her claiming she's a runaway which eventually led up to her serving 6 months of probation. She was notified by her probation officer this afternoon that even after her probation is over, the order of protection will still stand and claimed that the only way it will ever be removed is if the person who set it up removes it, her father. I am wanting to know if there is any way for her to remove this order of protection after she turns of legal age since she involuntarily has this against me? Can I do anything about this myself?

Extra Information (Not Important/regarding the question generally): We both want her out of that house after she turns 18, as when I say "Abusive household" I mean emotionally, physically, and is mentally abused on a daily basis. She's lived with this all her life and I simply want to help her and do what's best for her. After she's 18, the plan was for her to move out of the house and come with me to get away from him to proceed to unironically get an order of protection against her father for her. If any more details are needed I can provide them.

If you know someone is being abused, you should call the police. Also you don't know what will happen in the future no matter how much you "plan" for it to happen. Maybe she'll change her mind about you. Maybe her parents will move her. You don't know. Until she's 18, her parents control who she sees and where she goes. Your best bet is to stay far away from her until that order is lifted.

 

[leslie82]

Okay. Is it normal to not receive any notice or papers regarding an order of protection? I don't understand it much and just want insight on this. As well as the answer to my main question. I'm not wanting to hear about how it'll affect me, I just want to know if she can she drop the order by herself voluntarily after she turns 18? Can I get into trouble if she tries to contact me via phone, text, or in-person? I'm not particularly interested in my interests but I just need the answer of whether or not she can drop it when she turns of legal age.

In most cases with protection orders, the person being protected has no limits calling the alleged perpetrator (unless it's specifically written in the order). But the respondent can get in trouble for responding. So if her dad finds out she's talking to you and you answer, he can call the police on you. There really isn't anything you can do probably until she's the age of majority in your state.

 

[leslie82]

This is exactly what her father has done to her but it just gets worse. That's honestly an accurate description of what her home life is.

Anyways, just got off the phone with General Sessions, Juvenile, and the probation office to look up to see if there is anything on mine, her, her fathers, and even my parents in case he filed it against them. None of them couldn't find anything, Juvenile said anything regarding Juvenile records are classified. They said I probably don't have one out against me however it's most likely apart of the probation. This gives me reassurance and takes some weight off me because I was worried this would show up on my record and could possibly refrain me from going a certain career. The best thing for me to do is even after her probation is over, I'll refrain contact to avoid her father actually getting an order of protection/restraining order. One of the Clerks told me it wouldn't have even been possible for her father to get one against me because it's only for divorces, family, not exactly suited for my situation. Not sure, it's just what they told me. Perhaps when she is 18 and is a legal adult we could try dating again, at the very least then her father won't have jurisdiction over her. I understand this all sounds like a naive 17-year-old boy who got himself into this mess and sounds like I'm trying to get involved more and more but I'm just looking for clarification and peace for myself to avoid any future mistakes and to prevent it happening again. Thanks for all help and criticism, I will try to not take it for granted and will refrain from making this situation worse.

If it's part of her probation then you definitely need to leave her alone for HER sake. If she gets violated on her probation it's going to hurt her.

Her parents could have gotten a protection order against you if they wanted to get one.

Your 17, she's 16. In two years, your life can be on a completely different path than you are now. She may meet someone else. You may. You might move. She might move. I would just move on. Cut loose while you still can cut loose with no ties.

 

[Cole]

Just heard from her. We thought she's been serving probation for past 6 months. Apparently her "probation officer" wasn't even her probation officer this entire time. She's just someone from Helen Ross McNabb center working with her.. When she asked her about the no contact order she said it'd be extended after her probation ends. However, she said if she's never even seen her real probation officer since her court date for anything regarding probation, then she's hasn't been serving probation let alone on it right now. Said ultimately she must not be on file for probation because they never sent one out. She did have one for about a month or two before she quit and was "assigned" her current one (or so we thought). This person who we thought was her probation officer isn't even her.

After hearing this, that she hasn't even been served probation and that even after I've searched our records and can't find anything regarding no-contact orders or anything of that sort, to say the least, we're fairly confused. There was a time about 7 months back that her father was trying to get a no-contact order but couldn't because either I was a minor or they just kinda brushed him off because he didn't have a legitimate cause. Could be that he literally just called the school and told them that he doesn't want his daughter to be around me so they just lied and told us there was a contact order. Either way, this keeps getting confusing because, despite any evidence, they keep saying there is a no-contact order.

 

[cbg]

You know, it doesn't make a whit of difference whether there is or is not a no-contact order. You are both minors. What Mom and Dad say rules. They are GOD. If they say stay away, you stay away. It's as simple as that.

 

[army judge]

Either way, this keeps getting confusing because, despite any evidence, they keep saying there is a no-contact order.

It is your life.

It is the only one you've got.

You can be foolish, take risks, and hope for the best.

What you choose to do is up to you.

If things blow up in your face, it'll be you, and you alone that'll have to dance to sad, sad prison song.

It will be you, and you alone, that will be forced to wear and display the scarlet letter of infamous shame.

On the other hand, should you CHOOSE to keep your distance until you BOTH reach the age of majority, if things go awry as adults; your broken heart will mend.

If you BREED, prepare for your wallet to be fleeced for two decades!

Danger, Will Robinson, danger!!!

 

[Zigner]

Leave the the freaking CHILD alone.

 

[leslie82]

Just heard from her. We thought she's been serving probation for past 6 months. Apparently her "probation officer" wasn't even her probation officer this entire time. She's just someone from Helen Ross McNabb center working with her.. When she asked her about the no contact order she said it'd be extended after her probation ends. However, she said if she's never even seen her real probation officer since her court date for anything regarding probation, then she's hasn't been serving probation let alone on it right now. Said ultimately she must not be on file for probation because they never sent one out. She did have one for about a month or two before she quit and was "assigned" her current one (or so we thought). This person who we thought was her probation officer isn't even her.

After hearing this, that she hasn't even been served probation and that even after I've searched our records and can't find anything regarding no-contact orders or anything of that sort, to say the least, we're fairly confused. There was a time about 7 months back that her father was trying to get a no-contact order but couldn't because either I was a minor or they just kinda brushed him off because he didn't have a legitimate cause. Could be that he literally just called the school and told them that he doesn't want his daughter to be around me so they just lied and told us there was a contact order. Either way, this keeps getting confusing because, despite any evidence, they keep saying there is a no-contact order.

Dude...just walk away. Her parents don't want you around so no means no until she turns 18.

There's no point to ruin your life over a girl especially at 17. So just move on.