What Exactly is Custodial Interference

[MattBeavers]

My question involves criminal law for the state of: Kentucky

At one point, I was dating a girl and her parents didn't really like it. She came over without her parents knowing and when they found out, detectives showed up and said that they had filed custodial interference. I'm not allowed to have contact with her at all or else I go to jail or something of that nature. There were no restraining order papers given to me or anything of the sort, so I'm quite confused.

[Dogmatique]

I take it she's a minor?

The very second she turned up without her parents' permission, you should have sent her right back to her parents.

[MattBeavers]

At the time she was sixteen and she did go back, shortly after she showed up. I'm just trying to understand it completely. Can it really stop me from having contact with her? I thought that was what restraining orders were for. I also thought that if a restraining order was filed, they gave you a copy of it as well. She was also not caught at my house.

[Dogmatique]

Her parents can absolutely stop you from seeing her. Until she reaches the age of majority, their word is - basically - God.

I'm not entirely sure a custodial interference motion will wash in this situation, though it might; much would depend on how the local courts deal with these situations.

If they can show that you actively encouraged her to come to your house, and that you were aware that she wasn't meant to be there, they might just have a decent case.

[MattBeavers]

The law states that Custodial interference is taking someone and keeping them away from the person that has custody of them by law, right? Well, she came over and shortly went back home. The law also states that it is a defense that the defendant voluntarily gave the person taken back before arrest or issuance of a warrant for arrest. I didn't really take her, though if it looks that way, she left shortly after and went back home. So that would be considered giving her back, right?

Also, is there any way that having such a thing as Custodial Interference filed on me could keep me from having contact with her? When you file it, is that an option? And if so, wouldn't they have given me a copy of such statement?

[Dogmatique]

How old are you?

They can file a restraining order to prevent you from contacting her.

At this point I have to ask - why do you want to keep seeing her against the wishes of her parents?

[MattBeavers]

I'm 19 now.

And I understand they can file a restraining order, but they give you a copy of that when it's filed, right?

And it's not that I want to, I just don't want to end up having her message or text me or run into her in town and end up getting in trouble for it. I'm just trying to understand the whole ordeal completely.

[Dogmatique]

They can file, and you'll be served, and there will be a hearing.

Just keep away from her. Block her number if your provider allows that, and ignore every single email, text, phone call. Your job right now is to simply pretend she doesn't exist.

[Mr. Knowitall]

The police were presumably talking about this:

(1) A person is guilty of custodial interference when, knowing that he has no legal right to do so, he takes, entices or keeps from lawful custody any mentally disabled or other person entrusted by authority of law to the custody of another person or to an institution.

(2) It is a defense to custodial interference that the person taken from lawful custody was returned by the defendant voluntarily and before arrest or the issuance of a warrant for arrest.

(3) Custodial interference is a Class D felony unless the person taken from lawful custody is returned voluntarily by the defendant.