1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

restraining order

Discussion in 'Emancipation Law' started by ambermonique32, Dec 11, 2016.

  1. ambermonique32

    ambermonique32 Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    California
    I am 15 years old and currently living with my aunt. The court placed a restraining order on one of my friends who is 18 so they have no contact with me. Ive been wanting to get emancipated way before this even happened, but if i was to get emancipated, would i be able to remove the restraining order after the process of emancipation?
     
  2. KatDini

    KatDini Well-Known Member

    Messages:
    1,255
    Likes Received:
    288
    Trophy Points:
    83
    I doubt very seriously that you will be emancipated before you are of legal age in your state (18). That alone makes the rest of your question moot.
     
  3. cbg

    cbg Super Moderator

    Messages:
    8,480
    Likes Received:
    1,603
    Trophy Points:
    113

    Nationally, approximately 97% of the petitions for emancipation fail. What can you show us to indicate why you should be part of the 3% instead of the 97%?
     
  4. ambermonique32

    ambermonique32 Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    I am currently living with my aunt but suffering major depression and anxiety from this situation. I just got a job so that i can start making money and save up so that the court sees how i am making money and handling it responsibly. Ive been taking care of myself for over 6 yeas so i feel that its best for me to continue to be on my own.
     
  5. Highwayman

    Highwayman Well-Known Member

    Messages:
    1,848
    Likes Received:
    591
    Trophy Points:
    113
    NO.
     
  6. ambermonique32

    ambermonique32 Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Why not?
     
  7. KatDini

    KatDini Well-Known Member

    Messages:
    1,255
    Likes Received:
    288
    Trophy Points:
    83
    Because you are not eligible for emancipation. o_O
     
  8. ambermonique32

    ambermonique32 Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Because i dont have a good income right now?
     
  9. cbg

    cbg Super Moderator

    Messages:
    8,480
    Likes Received:
    1,603
    Trophy Points:
    113

    Emancipation is not and never was intended to be a means for a minor to leave a bad environment. It was and is intended to provide legal protections to those minors who, for reasons outside their own control, found themselves living on their own.

    A court is not going to emancipate any minor who cannot, RIGHT NOW, pay every single cent of what it takes to support themselves. That means rent, food, utilities, clothing, transportation, insurance, medical care, staples, school supplies, all of it paid for 100% by you.

    There has never yet been a minor emancipated on what she is going to be able to do in future.

    So no, you are not a candidate for emancipation.
     
    leslie82 likes this.
  10. leslie82

    leslie82 Well-Known Member

    Messages:
    1,850
    Likes Received:
    264
    Trophy Points:
    83
    The court placed the order - not anyone else. So it doesn't matter IF you miraculously got emancipated. The court STILL would leave the order in place. It's not often a court removes a protection order.

    There's obviously a really good reason that the court put a protection order on your adult friend.
     
  11. ambermonique32

    ambermonique32 Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    What about when my mom gets out of rehab and has custody over me again? Will SHE be able to remove the restraining order.
     
  12. army judge

    army judge Super Moderator

    Messages:
    33,224
    Likes Received:
    5,313
    Trophy Points:
    113

    Only the court can recall the order.
    That is rare, because if the court did recall the order and you were harmed, the judge would have many questions to answer.
    The order is for your protection.
    In a few years you'll be an adult and you can decide what is best for you.
    Right now, others do it for you.
    Patience grasshopper and soon you'll be wishing you were a minor, again.
    Being an adult isn't the great think some minors believe it to be.
     
    leslie82 likes this.

Share This Page