My question involves criminal law for the state of: Florida
A friend of mine was 15, and her boyfriend was 19, when her parents charged the boyfriend with statutory rape, and filed a restraining order against him. I believe he was given 5 years of probation, and not any jail time to my knowledge. Six years later, my friend is now 21, the guy 25, and they've recently gotten back together again. I personally did not know until recently that there was a restraining order put against him, but I along with my friend and her boyfriend assumed it had been expired after these 6 years. Apparantly, the boyfriend was pulled over for a traffic ticket a few months back, and the officer informed him that he had a restraining order against him still. My friend then went to the local court house a few days ago to find out the official status of that restraining order. When she went to the specialized department of restraining orders, and gave the clerk the information needed, the clerk said the restraining order was "pending in court", and when she asked the clerk what that meant, the clerk said it meant the restraining order was there "forever". The clerk was very rude, probably because of her own opinion to the charge, and didn't help her further than that. The restraining order was filed by her mother, as well. I understand parents can sign in their child's name if they're underage, but I'm not specifically sure if this was that case. My friend said her mother filed it, so I assume she used her name and not my friend's name.
Even though my friend did not file the restraining order, it was filed for her behalf only. Being that she is legally an adult, and the restraining order is for her, does she have any power in lifting the restraining order? If she does or does not, what exactly has to be done to remove it?
And just to clarify, are restraining orders only effective in the county it is issued in? Or is this for the whole state/country?