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Contact between adult and minor? - What charges Sex Crimes, Sex Offenders

Discussion in 'Criminal Charges' started by wgpman, Oct 1, 2009.

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  1. wgpman

    wgpman Law Topic Starter New Member

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    My girlfriends parents filed a complaint against me for talking to her daughter, she’s 16 and I’m 21. The father told us not to talk about 2 months ago, and we hid it from him. We got tired of hiding so I went to their house to talk to the father. I asked for permission to see his daughter and he called the police.

    An officer came and talked to me and told me there is to be zero contact. The police talked to neighbors, the school, said they will be watching her profiles online ect..The officer also said I would be charged with a felony because I am an adult. What I would be charged with? From what I understand, a no contact order is to protect someone from violence. There is NO WAY it could be proved I’m a danger to this girl. I am the best influence in her life. It seems like there is no official restraining/no contact order. Just a no trespassing order that I received for going onto the property to talk to the father. The criminal trespassing order has a note that says there is to be no contact with the girl, but what law am I breaking for talking to her? The father has documentation of us talking.. but I still am not sure what I would be charged with.

    I know it's weird as hell and I am old for her. But we have became extremely close emotionally, and care about each other very much. She is the first girl I said I love you too. She relies on me completely for emotional support and we enjoy hanging out. It hurts bad not being able to talk to her.. real bad. I have heard from friends that she is going through a horrible time, always crying and trying to get her parents to let me see her.
     
  2. NY_Shark

    NY_Shark New Member

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    It's possible that a restraining order was put in place with the criminal trespassing charge. The age of consent in Ohio is 16 though, so I don't know where this felony stuff is coming from. Violating the order is not a felony either, so I think he was huffing and puffing. Either way, if an order is issued then you better keep your distance until it expires. After that, if you want to see her, make sure to NOT do so on dad's property.
     
  3. wgpman

    wgpman Law Topic Starter New Member

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    Yea, the cop repeatedly mentioned me being charged with a felony. I never understand that part. She said because the girl is young, and I am a full fledged adult it would be a felony for contacting her. I realize I need to keep my distance.. I just didn't understand what I was even being charged with.

    The cop didn't ONCE mention a restraining order, and the only paper I signed was a no trespassing order. I was under the impression a restraining order had to come from a judge and you had to go to court? I talked to the father.. then about 3-4 hours later the cop stopped by. Although the no trespassing order DID have "No Contact with the complainants Daughter" under the explanation
     
  4. NY_Shark

    NY_Shark New Member

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    Yeah, then you will have to respect that order and keep your distance. My guess about the felony thing is that either the cop thought she was 15 or that she actually IS 15. If neither of those things are true then she was probably trying to spook you. Criminal trespass in Ohio is a Mis 4th.
     
  5. wgpman

    wgpman Law Topic Starter New Member

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    Oh.. well what if she was 15. What charges?
     
  6. jharris352

    jharris352 New Member

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    This is an easy question. You better stay away from here totally (NO CONTACT AT ALL) or you will end up in jail. You do not have to be a danger to her; she is a MINOR which means her parents have TOTAL control over who is allowed to see and communicate with her. I personally have no problem with your age difference but I'm not the one you have to please, her father and mother are.

    The felony is Aggravated Stalking. Right now her father has contacted the police. The only reason you were not arrested that night is that you had no official notice to stay away from her. You received a criminal trespass citation I suppose. That is an official warning and serves as NOTICE that you are to stay away from a minor.

    If you are found violating that notice you will be arrested for Aggravated Stalking (that's what its called in this state) I'll look up your state in a minute. It is potentially a very serious felony that carries jail time. You would have absolutely no defense to it as she is not old enough to consent to contact until she is 18 years old.

    There is no way around this at all. Even if she runs away, maybe especially if she runs away, because you could be charged with enticing a minor to flee; another felony.

    Any and all communication you have better be with her Father and Mother until you can convince THEM that you should be able to talk to their daughter. When they give in, IN WRITING, and lift the sanction, you can see her. If they refuse to give in you can see her when she becomes emancipated or 18 years of age.
     
  7. jharris352

    jharris352 New Member

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    A restraining order does have to come from a judge, however; because she is a minor a parent does not have to go through that process to get a restraining order. The Notice is the Statute that says she is a minor and the criminal trespass and no contact notice you received from the police. The felony comes not from criminal trespass but from violating the no contact portion. Believe me they are not mistaking her for a 15 year old. If you are under a no contact provision and you break that you are arrested for aggravated stalking which is DEFINITELY a felony.

    Oh, and by the way, Aggravated Stalking carries no bail until your first appearance in front of a judge, usually a couple days after your arrest. Even then your bail will probably be 10-25K dollars! You could get out with a bail bondsman for $1200-$3000 if they will write you a bond. If you can't bond out then you are in jail until your trial which means 2-10 months in jail just to get to the trial.

    I CAN'T SAY THIS STRONGLY ENOUGH: STAY AWAY FROM HER.
     
  8. mightymoose

    mightymoose Moderator

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    There is nothing wrong with contact with regard to your age difference. However, once you have been served with an order from judge directing you to have no contact, then the crime is in the violation of the order... but is not a felony.

    I assume the felony talk is regarding possible sexual contact. Here in California an age difference of more than three years where one of you is a minor, even if there is consent for sex, is a felony. If you have had any sexual contact with this girl you could be arrested for possible rape or child molestation charges depending on the circumstances.

    That said... there is NO crime in just "talking" to her if that is all you are doing... unless of course you are served with the order not to. An order to stay off the property is not necessarily a no contact order. If you have any doubt as to the terms of the order (and they should be clearly stated on the paper you were given) you can contact the county records department and they can look it up.

    Stalking should not be an issue unless there has been some sort of credible threat made by you. The worst you should have to worry about it the possibility of sex offenses. The violations of the orders could land you in jail briefly, but would not get you serious fines without credible threats where the girl or her parents are fearing for their personal safety.

    The best thing you can do here is find someone more appropriate for your age and move along. The parents won't give in to you, and your persistence will likely lead to you getting an adult criminal record. You have everything to lose.

    In short... if you have ever had any sexual contact with this girl, get away now before someone files charges on you.
     
  9. mightymoose

    mightymoose Moderator

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    As an afterthought... if the order for you do have no contact with the girl is something that was handwritten as a side note by the officer- it is likely not valid. Until you are served with an order signed by a judge then a no contact order won't be enforceable. The cop was likely doing his part to persuade you to stay away.

    Still... your best bet is to move along and not let this get deeper. There is no way either of you will last through two more years of this kind of strain.

    As was mentioned above- if she should run away from home to be with you, you had better not take her in. Send her home so you don't get wrapped up in her delinquency.
     

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