Me and My mom have been fusing about this from day one and she said she was going to get a restraining order on her but my girlfriend hasnt done anything. No harrasment, are anything like that! I live in south carolina and im 16 please help me if you know
2007-12-12 09:38:42 · 20 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
im a senior in high school so im actually really serious in this relationship i have two jobs it aint jus like i dont know an am jus jumpin in to things
2007-12-12 10:03:05 · update #1
Only if she has put your life in danger or subjected you to situations that put your life in danger. IF your girlfriend is 18...then yeah she can for obvious reasons. IF you girlfriend is under 18 the courts would actually require both parents to appear to mediation and discovery. This means that your mom has to prove your girlfriend is putting your life in danger...or bodily harm.
2007-12-12 09:47:24 · answer #1 · answered by marianne n 2 · 2⤊ 1⤋
No there has to be a reason to file a restraining order, such as abuse, threats, or if you two have been doing anything against the law together. Depending on what state you are in you actually have to agree to the restaining order, and sign it. Honestly though I would just take it easy your mom more than likely is giving you a threat, bc if she knew how much work it is to get a restraining order and how much time it does take she wouldnt do it. You would have to go see a judge, do a bunch of paper work. Everything will be ok your young enjoy life right now, your wasting too much time worrying about little stuff. Which i know it doesnt seem little to you, bc trust me i was in the same boat you were, and i wish i would have just stopped worrying so much about things and just enjoyed how easy life really is at 16. But dont worry everything will be ok! Enjoy LIFE!! Breath!!
2007-12-12 09:54:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
As the owner of the house, she has the right to prohibit your girlfriend from coming over to the house. She also may be able to convince a judge that the influence your girlfriend has over you is detrimental and as such the judge could issue a protective order. I don't know about South Carolina, but order have been issued under similar circumstances here in Washington state.
2007-12-12 09:44:58 · answer #3 · answered by davidmi711 7 · 0⤊ 1⤋
Hi there,
I'm assuming that because your screenname is "Miss South Carolina", you are from that state. Criteria for restraining orders vary from state to state, although generally they are granted if the person filing for the order makes a strong case that s/he has been abused, and/or has been threatened with abuse. Additionally, many states (including South Carolina) grant restraining orders based evidence of harassment or stalking.
Below is some info on restraining orders in South Carolina from the Women's Law page:
In SC, you can get a restraining order against stalking or harassment. You do not need to have a specific relationship with the person harassing or stalking you, but you must convince a magistrate that the defendant engaged in stalking or harassment, as defined by law. The defendant is the person who is stalking or harassing you.
"Harassment" means a pattern of intentional, substantial, and unreasonable intrusion into your private life that causes you to suffer mental distress. Harassment would also cause a reasonable person in your position to suffer mental distress. Harassment may include, but is not limited to:
1. following you;
2. visual, physical, verbal, written, or electronic contact that is initiated, maintained, or repeated after you have told the person not to contact you;
3. surveillance of or the maintenance of a presence near your home, workplace, school, or other place you regularly go;
4. vandalism and property damage.
"Stalking" means a pattern of words, conduct, written, or electronic, that is intended to cause and does cause you and would cause a reasonable person in your position to fear:
1. death of you or a family member;
2. assault upon you or a family member;
3. bodily injury to you or a family member;
4. criminal sexual contact you or a family member;
5. kidnapping of tyou or a family member; or
6. damage to your property or property of a family member.
You can read the definition in full on the SC Legal Statutes page and look for Sec. 16-3-1750 et. seq.
2007-12-12 09:46:04 · answer #4 · answered by woosina 1 · 1⤊ 2⤋
Not up on SC law but generally a Restraining Order or Protective Order requires a bit more than your mom simply not liking the girl. However as you are a minor and I'm assuming you're not emancipated she can forbid you from seeing her, talking to her etc... as well as not allowing her on the property.
2007-12-12 09:45:47 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Let's just say Protection Orders can be CREATIVELY obtained by ANY WOMAN. As far as "harassment"......FIRST the person has to be informed she is doing something harassing unless it is something already against a law.....but take "phone calls"......your mom can claim calls to the house are harassing......but first she must tell the girl they ARE harassing and then she CAN get a restraining order to keep her from the house and family just for harassing (threatening) calls.......WOMEN CAN DO ANYTHING it seems.
2007-12-12 09:46:00 · answer #6 · answered by TERRI BERRI 3 · 0⤊ 1⤋
It would be possible to get a restraining order if she could demonstrate potential harm. I think it is unlikely. However, she could ship you off to a private school easier. I would be more concerned with that if I were you.
2007-12-12 09:50:40 · answer #7 · answered by brotherlove@sbcglobal.net 4 · 1⤊ 0⤋
Wow I don't Know why your mom would be so concerned if your 16 you should be in charge not your mom dont worry you will final get away in 2 years
2007-12-12 09:48:55 · answer #8 · answered by Anonymous · 0⤊ 1⤋
OK first if she didn't do any thing then no she cant unless she is older then you then your mom can your girl friend could even go to jail for attempt of rape and if u have had sex she will go to jail for rape but that is only if she is older if not nothing is wrong with being to gether my dad tried to the same thing
2007-12-12 09:46:08 · answer #9 · answered by Katrice G 2 · 0⤊ 1⤋
She can ask, but courts don't issue restraining orders just because someone doesn't like someone else. There needs to be legitimate grounds for them.
Richard
2007-12-12 09:42:56 · answer #10 · answered by rickinnocal 7 · 2⤊ 1⤋