My girlfriends parents are jehovahs witnesses and would not except me for who I am. They dont want me dating their daughter so they placed a restraining on me. She is currently 17 and still loves me. When she is 18 I would think she has every right to remove the order
2006-10-17 04:16:48 · 29 answers · asked by dustin2410 2 in Politics & Government ➔ Law Enforcement & Police
You would think wrong.
The girl could attempt to petition to have the restraining order removed, but that would take weeks or months and the court would have to listen to the original complainant (the parents).
Additionally, the restraining order likely mentions the home which the parents likely control. That order would stand.
Learn more:
http://watchtower.org/library/g/2004/7/22a/article_01.htm
http://watchtower.org/library/w/1999/2/15/article_02.htm
http://watchtower.org/library/w/2000/7/15/article_01.htm
http://watchtower.org/library/w/2001/1/15/article_01.htm
2006-10-17 07:21:44 · answer #1 · answered by achtung_heiss 7 · 0⤊ 0⤋
Theoretically, there should be more evidence other than "not accepting someone for who they are" or "not liking them" in order for a restraining order to be issued. With that being stated, I have had enough experience with the legal system now to know that that is not always the case that the law works as it should.
With that being said, if there's no real legal standing for the restraining order, then I would think that once the girl is 18, there could be absolutely no consequences for you seeing her, as long as she is still interested in the contact. It would seem to me that at that age the parents have no control over who their daughter may or may not see.
But the best thing to do would be to contact the office which placed the restraining order (if it was placed for such frivolous reasons, then there shouldn't be any concerns about contacting them to ask such a question). Or if this is an issue that has other facets (such as the restraining order being a condition of probation, etc), then ask your probation officer or someone else involved.
2006-10-17 05:29:19 · answer #2 · answered by JenV 6 · 0⤊ 0⤋
A restraining order is established by a court. A court keeps public documents. Go and get a copy of the restraining order from the court. You can actually just walk into the courthouse and ask around and someone will tell you where the place is to get a copy of it.
Read it carefully. It will have an expiration date on it as well as the conditions of the restraining order.
Since a court/judge put the restraining order in place, only the same court/judge can modify it before its expiration date. As the target of the RO, you can petition the court to modify the restraining order. Ask in the courthouse how you file a petition to modify an RO. You'll save yourself a lawyer's fee if you do it yourself. The court/judge then decides whether they will accept your petition to modify and set a date to hear your petition.
All parties in the RO will be notified by mail that you have petitioned to have it modified and will have their chance to say what they want to the court/judge.
The court/judge will decide whether or not to approve your modification.
I sincerely doubt that once your girlfriend is 18 that her parents will have any rights over her. However, if the current RO says that you must stay away from her until June 2007, for example, and she turns 18 in March 2007, you must still honor the RO.
Your only recourse is to request a modification to the original RO if you want the expiration date changed.
2006-10-17 04:31:36 · answer #3 · answered by hawkthree 6 · 1⤊ 0⤋
Because you are 16, your parents can petition the court for a restraining order whether you support the idea or not. In most cases, restraining orders are rubber stamped through the courts, meaning they approve them almost every time because they'd rather be safe than sorry. However if you are a mature, responsible 16 year old the court *might* let you testify before making a decision whether or not to approve your parents request. If you testify that you feel he is no danger, and he has never threatened you the judge might deny your parent's request. Its all up to the judge.
2016-03-28 12:59:09 · answer #4 · answered by Aline 4 · 0⤊ 0⤋
Most restraining orders are limited by time, & the one her parents put on you may expire by the time she reaches 18 unless they renew it. At which time the courts may not let them execute a new one without her participation. You should have been served with a copy of the restraining order, & should be able to find out if & when it will expire.
Meanwhile, How do you know that she still wants you unless you have already violated the order?
Why don't you do yourself a favour & start a new relationship with someone who is surrounded by people that will make you feel welcomed?
2006-10-17 04:31:39 · answer #5 · answered by No More 7 · 1⤊ 0⤋
It depends what the conditions of the order are. If it just says you can't come near her then she can get the order removed at 18 and you can see her. If the order says you are not allowed near a specific place (her parents house) AND can not have contact with her then she can get the personal contact order rescinded but the part about her parents house may still be in effect.
2006-10-17 08:17:44 · answer #6 · answered by Mike 3 · 0⤊ 0⤋
Nope. Only a judge can resend that order. How ever when she is 18 she can choose to ignore the order. You and she could be held in contempt of court. You need to contact a Lawyer and ask them to ask the Judge to recend the order. Go to the judge and ask him for a copy of the ruling. You have the right to know what grounds the parents used to get the order. Good luck.
2006-10-17 04:30:43 · answer #7 · answered by jl_jack09 6 · 1⤊ 0⤋
FIrstly, speak with an attorney. Secondly, most likely not as if it was her parents who took it out, then only they can remove it. Alas, this all depends on the state you live in. The better question is what did you do to make them fill out a Restraining Order?
2006-10-17 04:24:45 · answer #8 · answered by irish_american_psycho 3 · 1⤊ 1⤋
NOPE!!!!!!!!!!! Sorry homey, I don't care what state you live in, only the signer can lift a restraining order. Think about it, what good would a restraining order be if you signed one against me, my long lost cousin goes to the man and strikes it down. The whole idea behind it wouldn't be worth the paper. SORRY..LATER
2006-10-17 04:31:32 · answer #9 · answered by veteranpainter 4 · 1⤊ 0⤋
Restraining orders are only valid for a period of time - she should check and see what it is. If she continues to live with her parents after her 18th birthday, the order will not be overturned. How old are you and what did you do to her? They would have needed proof of abuse/stalking/you being significantly older than her.
Perhaps they are more concerned with your lack of education (evidenced by your grammer and spelling) more so than your beliefs.
2006-10-17 04:26:47 · answer #10 · answered by dlil 4 · 1⤊ 0⤋