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How Does A Minor File A Protection Order Against A Parent

Discussion in 'Protective & Restraining Orders' started by Jmki, Nov 16, 2021.

  1. Jmki

    Jmki Law Topic Starter New Member

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    Jurisdiction:
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    I'm 14. My mother frequently beats me. I'm currently staying with my aunt. My step father has come by several times saying he is going to kill me and my aunt. The last time, he said he knows someone who has a gun. I would like to file a protection order against him. Being as I'm a minor, I would need a parents signature, which I can't get. I've been looking into getting a temporary guardianship for my aunt so she could sign for me, but I can't seem to figure out how to do that without a parents permission either. I've called the police on both of my parents before and they refused to help, which is why I would like the order. How can I get this done?
     
  2. cbg

    cbg Super Moderator

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    You don't. A protection order for a minor child against a parent is a non-starter. It is simply not going to happen.

    Have you called Child Protective Services? Has your aunt called a family law attorney?
     
  3. army judge

    army judge Super Moderator

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    A minor is considered a legal incompetent.
    You are recognized by a court through one of your parental units.
    You can forget ever getting a restraining order against a parental unit.


    You can forget that idea, too.

    In this country, children don't get to pick and choose with whom they desire to have as a parent.

    Children, as in minors, don;t get to decide with what adult they wish to live.




    Forget the getting any court order until you reach the age of majority, as in become an adult.

    You can contact the appropriate office of your state's child protection agency and report the abuse you allege to have suffered.

    Your aunt could also do the same.

    Offices within local communities are responsible for receiving and investigating reports of suspected child abuse and neglect. Reports are received by Child Protective Services (CPS) located in each community office and assessed to determine whether the report meets the legal definition of abuse or neglect and how dangerous the situation is.

    Find your local intake number to report abuse or neglect or use the map below.

    Region 1
    1.800.557.9671

    Region 1 Flyer: https://www.dcyf.wa.gov/sites/default/files/pubs/CWP_0036A.pdf

    Region 2
    855-420-5888

    Region 2 Flyer: https://www.dcyf.wa.gov/sites/default/files/pubs/CWP_0036B.pdf

    Region 3
    (866) 829-2153

    Region 3 Flyer: https://www.dcyf.wa.gov/sites/default/files/pubs/CWP_0036C.pdf

    Region 4
    1-800-609-8764

    Region 4 Flyer: https://www.dcyf.wa.gov/sites/default/files/pubs/CWP_0036D.pdf

    Region 5
    1-888-713-6115

    Region 5 Flyer: https://www.dcyf.wa.gov/sites/default/files/pubs/CWP_0036E.pdf

    Region 6
    1-866-764-2233

    Region 6 Flyer: https://www.dcyf.wa.gov/sites/default/files/pubs/CWP_0036F.pdf


    ChilldAbuse93613_www.dcyf.wa.gov.png


    Questions that will be asked when you call.

    The name, address and age of the child.

    The name and address of the child's parent, guardian or other persons having custody of the child.

    The nature and extent of the abuse or neglect.

    Any evidence of previous incidences.

    Any other information which may be helpful in establishing the cause of the child's abuse or neglect and the identity of the perpetrator.

    You do not need to have all of the above information when you call to make a report, but the more accurate information you can provide, the better equipped the offices will be to assess the child's safety.

    By the way, if you are taken away from your alleged abusers/neglecters, prepare to reside in a group or foster home.
     
  4. Zigner

    Zigner Well-Known Member

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    Attorney? Heck, why hasn't she called the police???
     
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  5. flyingron

    flyingron Well-Known Member

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    A minor can't file anything. An adult who has sufficient relationship to the minor can apply to represent the minor's interests.
     
  6. cbg

    cbg Super Moderator

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    The OP says the police have already been called to no avail. But if the aunt wants full guardianship of the poster, she'll have better luck with an attorney, and the protection order the kid wants won't accomplish that anyway.
     
  7. Zigner

    Zigner Well-Known Member

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    The OP said that he (the child) has called the police about his parents. There was no mention of the aunt calling the police on stepdad for the death threats.
     
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  8. sandyeggo

    sandyeggo Member

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    Why are your parents acting so hostile towards you? There's more to this story than what has been told to this board.Where is dad in all of this?
     
  9. cbg

    cbg Super Moderator

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    Fair enough
     
  10. leslie82

    leslie82 Well-Known Member

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    Washington State Courts - Domestic Violence Protection Order Process


    What if a minor child is being abused, but the parent is not?
    While a minor may not file a petition, an adult may file a petition on the minor's behalf. Often Child Protection Services (CPS) uses the Order for Protection as a referral for adults seeking protection for minor children. A parent alleging that a child has been abused by another family or household member must be prepared to substantiate these allegations. Hospital reports, affidavits or names of witnesses, the name of the CPS caseworker, etc., should be included in the petition, or presented at the full hearing.

    Your aunt should have notified the authorities as soon as you told her about this abuse. Only an adult can file a protection order on behalf of a minor. If, as you claim, the police have ignored your report of abuse have your aunt go in with you to file a report.
     
  11. leslie82

    leslie82 Well-Known Member

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    Edit: I missed the part the kid says mom beats them too - but sometimes there's not "more to the story" when it comes to abusive parents/stepparents. Sometimes some parents are just abusive pricks. And it seems there could be a reason the kid hasn't gone to their dad.
     
  12. leslie82

    leslie82 Well-Known Member

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    Where's your dad at? Is he a stable adult that could help you out? Understandable if there's a reason he's not in the picture.

    Definitely your aunt needs to take you in and make the report. If any of my nieces or nephews came to me and said their mom, dad or stepparent was beating them, I'd be taking them to the cops and if any of my siblings ever put hands on their kids they better hope that I don't run into them nor my dad gets his hands on them.
     
  13. Zigner

    Zigner Well-Known Member

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    I think that one reason that it was suggested that we're not getting the full story is that police officers are mandated reporters in WA. If the police had been called about this, they would have reported it to CPS.

    As explained in an earlier post, the child can also contact CPS directly to make a report.

    Department of Children, Youth & Families
     
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