At What Age Can You File for a Restraining Order?
If "at what age can you get a restraining order" is a statement that features on the top of your search list, then the answer to that would be that the age for filing a restraining order varies across states; however, one should be 18 years and above on average to get a protection order. Once you have attained the minimum age, the law permits a victim of domestic violence to file a restraining order to protect themselves from any form of abuse.
Even though restraining orders do not stop an abuser from hurting a victim, the orders allow victims to contact the police to arrest the abuser violating orders. If you have encountered physical or threatened abuse, the law permits you to file for a restraining order without having to file for the legal separation of divorce.
You might be wondering if you are eligible to file for a restraining order; DoNotPay's restraining order product gives you insight about at . We help you protect yourself in any location such as Florida or Texas.
What Is a Restraining Order, and How Does It Work?
A restraining order, also known as a protection order, is a court order to protect an individual from any form of abuse like physical assault, stalking, or harassment. The individual getting a protection order is referred to as the protected person, while the person the protection order is against is the restrained person. In some cases, the protection order incorporates other protected individuals, like family members of the protected person.
A restraining order works as requests made in a court of law in which an individual asks the court to offer protection from the other party. If the order is issued, the other party can provide a hearing on the issue at hand. Even though restraining orders vary across states, generally entails
|Personal conduct orders||These orders inhibit certain conduct against every individual in the protection order. Some inhibited behaviors are stalking, threatening, harassing, or sexually assaulting.|
|Stay-away orders||These types of orders instruct an individual to keep a distance away from the protected individual, where the protected person resides, place of work, or facilities.|
|Residence exclusion orders||It is an order that requires the restrained individual to relocate or move out from where the protected individual resides until court proceedings. These orders are issued in domestic violence or dependent adult abuse protection order cases.|
At What Age Can I Get a Restraining Order?
All age groups have a right to a protection order. More so, teens and young women ages 16-24 are at high risk of encountering abuse. If you are under 18 and experiencing any form of abuse like stalking or assault, you can secure a restraining order to keep the abuse at bay.
However, . For instance, a state like California only permits individuals aged 12 years and above to file for a restraining order on their own. While in some states, minors will require an adult, particularly a guardian, to file for one on their behalf.
If you don't want to involve your parents, some states still provide alternatives like using a friend or trusted adults such as a teacher or counselor to request a protection order on your behalf.
Can a Minor File a Protection Order Against Another Minor?
Yes, the law permits minors to file restraining orders against each other, but the stipulations are the same as those needed when filing for a restraining order against an adult. The minor will need to prove in a court proceeding that the abuse occurred and that they fear abuses like sexual assault, harassment, or stalking might reoccur. Most states require that all restraining orders for minors be filed in Juvenile Court.
Can a Minor File a Protection Order Against an Abuser 18 and Above?
A minor can only file a protection order against an individual who is 18 and above, only when the abuser is:
- A former spouse
- An individual with whom the minor is either has a child or is expecting a child
- An individual the minor is either dating or has dated
The court of law can only grant an emancipated minor a protection order against a household member. A minor is regarded as emancipated if they have been married, joined the military, or have previously been declared by a court to be emancipated.
Can an Adult File a Protection Order Against a Minor?
The law doesn't permit adults to file a restraining order against a minor unless the minor is legally emancipated.
How to File a Request for a Restraining Order
When to file for a restraining order depends on the abuse and the place, while the cost varies depending on the lawyer you hire to carry out the task. Your attorney should handle all legal issues.
Once your attorney has determined that you are eligible for a restraining order, you will be required to follow the following steps:
- Visit a nearby court to fill out restraining order forms
- File the forms with the court: the process may vary from court to court
- Issue the papers to the restrained individual: the person serving the order must be 18 years and above and must not be the person protected by the order.
- Prepare for the court hearing: ensure you have adequate proof that the abuse happened.
- Get the restraining order: prepare to write an order for the judge to sign and determine the duration it will last. In some courts, the clerk will prepare the order for you.
The process is long and demanding and may not be convenient in an emergency. Besides, preparing for proof is time-consuming since you have to show the extent of the damage. You can avoid all this stress by using DoNotPay, a fast and convenient product for all abuse victims.
How to Get a Restraining Order With the Help of DoNotPay
Here is how you can request a restraining order with the help of DNP:
- 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 about how to file for a restraining order in your jurisdiction. Stay safe!
What Else Can DoNotPay Do?
We can also help you with:
- Compensating Victims for crime
- Stalking and Harassment
- Suing Anyone in Small Claims Court
- Creating Power of Attorney
Sign up for DoNotPay's restraining order product to protect yourself from any form of abuse.