restraining order

A

ambermonique32

New Member
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?
 
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.
 
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%?
 
cbg said:
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%?
Click to expand...
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.
 
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.
 
ambermonique32 said:
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?
Click to expand...

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.
 
leslie82 said:
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.
Click to expand...
What about when my mom gets out of rehab and has custody over me again? Will SHE be able to remove the restraining order.
 
ambermonique32 said:
What about when my mom gets out of rehab and has custody over me again? Will SHE be able to remove the restraining order.
Click to expand...

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.
 

Share this page

Get a free case review from a lawyer
Back
Top