Can You Get a Restraining Order Against a Minor?
Interacting with other people is not always a smooth ride –there are times people collide and end up inflicting emotional, physical, and psychological pain on one another. The individual causing you pain can be a partner, sibling, or even a minor. The situation worsens, especially if this person keeps coming at you and you don't know what to do.
Luckily, you can get a restraining order against an individual who won't stop abusing and/or stalking you and let the law help you out. But, many questions surround restraining orders like when is the right time to file a restraining order, how long a restraining order lasts, how to get one, who you can hit with a restraining order, and how much a restraining order costs, leaving most confused and discouraging them from getting one.
However, there is no need to worry. DoNotPay is here to help you understand everything about restraining orders, including how to get one. This article looks at and how DoNotPay can help. But, we look at several things first.
What's a Restraining Order; How Does It Work?
While every state seems to have its rules and regulations around how restraining orders work and how long they last, they all stand for the same thing, as you'll see from the definition.
A restraining order is a court order assigned by a judge barring an accuser from getting within a specified distance of the victim or contacting the victim whatsoever, following complaint and ascertainment of abuse (physical, mental, psychological, or emotional), stalking, or sexual assault.
What Are the Requirements for Getting a Restraining Order?
It's impossible to get a restraining order without explicitly showing that you have a direct relationship with the accused. This can be:
- A partner with whom you're dating or used to date
- A spouse or ex-spouse
- Someone you live or used to live with
- Your in-laws or ex-in-laws
- Sexual or ex-sexual partner, or
- A relative, either by blood or adoption.
To get a restraining order against the above persons, you must prove
- You interact with them frequently, either at home, school, or the workplace
- They use abusive language against you
- They stalk or have been stalking you
- They keep contacting you even after telling them to stop, or
- They threaten you, other people close to you, or your property.
What Are Some Types of Restraining Orders?
Once you prove to a judge beyond reasonable doubt that the individuals are a threat you, the judge can offer one of the following restraining orders:
|Type of Protective Orders||Usage|
|Personal conduct orders||To restrict the accused from stalking, contacting you, or harming your property.|
|Stay-away orders||Prohibiting the individual from coming near you for as long as the order holds.|
|Residence exclusion orders||To bar the abuser from coming near your home or area of residence. They can be mandated to move if they're your neighbors.|
|Emergency, Temporary Orders||Barring the perpetrator from seeing the victim until the judge gives a ruling.|
Can I Get a Restraining Order Against a Minor?
While it might sound unrealistic, you . But, to successfully do so, the minor must be:
- Related to you by blood or marriage
- Unrelated but a current or former member of the same household, or
- In a current or were in a past dating or engagement relationship with you,
Then, you can obtain a 209A or 258E restraining order.
However, states have varied requirements pertaining to acquiring restraining orders against minors. For instance, New Jersey doesn't allow domestic violence restraining orders against minors unless the aggressors are emancipated. Emancipation suggests that the minor has been married, is serving in the military, has a child, is pregnant, or has been previously declared to be emancipated by a court or administrative body.
You can check the different state requirements below:
How Do I Get a Restraining Order Against a Minor On My Own?
After filing a Complaint about Abuse Prevention Form with your local court, you can by yourself in two ways:
- For a 209A restraining order, you must demonstrate an abuse (physical harm, fear of potential harm, or sexual assault) and that you're still in reasonable imminent fear of this abuse.
If you fail to meet the above requirement, you can apply for a 258E restraining order.
- To get a 258E restraining order, you must explicitly prove you've been harassed 3 or more times. The minor must have willingly and maliciously conducted these acts against you with the intention of causing fear, intimidation, abuse, or property damage.
Once you prove your case before a judge, they'll issue you a temporary restraining order as you await a hearing.
Here's How To Get a Restraining Order Using DoNotPay
Obtaining a restraining order can be overwhelming, especially if you don't know how to go about it. But, there's no need to worry. Here's how to obtain a restraining order in 3 straightforward steps with DoNotPay:
- Search for relationship protection on DoNotPay.
- Answer a few easy questions on our File a Restraining Order product.
- Submit the form and you’re done!
And that’s it! DoNotPay will compile for you the forms you need to fill out and give you detailed instructions on how to file for a restraining order in your jurisdiction. Stay safe!
DoNotPay Works Across States With Just a Click of a Button
Besides helping you easily, DoNotPay can also help you:
- Get restraining orders in various states, including Texas, California, Florida
- Know the proof you need to file one
- Know more about what happens when you violate a restraining order, and
- How long a restraining order lasts.
What Else Can I Do With DoNotPay?
Aside from helping protect your safety with restraining orders here are some more products that can make your life easier;
- Compensation for Victims of Crime
- Neighbor Complaints
- Sue Anyone in Small Claims Court
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- Create a Power of Attorney
- Standardized Legal Documents
- Stalking and Harassment
to DoNotPay today.