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  1. #1
    Join Date
    Aug 2013
    Posts
    1

    Unhappy Does a Restraining Order End Once the Protected Person is of Legal of Age

    My question involves restraining orders in the State of: CALIFORNIA


    I'm 17 and my boyfriend is 22 and my parents know that we are dating. We were supposed to go to a drive in but it was a mutual decision to go hang out at his friend's house instead. My curfew that night was 2ish in the morning but we ended up getting a little drunk and decided to stay the night instead of driving home. We wake up and at 7 in the morning and saw that my parents left voicemails threatening my boyfriend that he'll get (cuss word here) beat up by my dad if he doesn't "return" me. I guess they thought we ran away. So I get home and my mom said he's filing a restraining order on him. Will that hold up in court? She said it will because I got home smelling like alcohol and that it's my bf's fault when it was clearly my decision to drink.

    If she were to file a restraining order and it does get validated, when I turn legal (22 days) am I capable of terminating the restraining order? I will be moving out for college a week before I turn 18 and they also do not pay for my education.

    It was our fault for not showing up on time but my parents, I think, are blowing this out of proportion.

    So my questions;
    Will it hold up in court?
    Will I be able to terminate the restraining order against my boyfriend when I turn 18?
    Will it be on his record that he has a restraining order?

    Extra information: my parents know he is not a minor and that we are dating. And they know I drink with him sometimes and never said anything against it.

    All answers are appreciated. And sorry for the long read.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,564

    Default Re: Does a Restraining Order End Once the Protected Person is of Legal of Age

    If a court issues a restraining order, the duration of the order will be defined by the court. If your boyfriend is taking you out, getting you drunk, and not bringing you home until the next day, it's pretty easy to see why a court would be concerned, even if you're about to turn 18. If you have grounds to petition to modify or terminate the order at a later date, you are free to file a petition. A restraining order will be in the public record, and the record of its existence will be made available to police agencies.

    I suggest that you both start acting like grown-ups, apologize to your parents, and obey the law and house rules for the next 22 days. At that point you can move out.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,059

    Default Re: Does a Restraining Order End Once the Protected Person is of Legal of Age

    BTW, you are not legal to drink until you turn 21.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,687

    Default Re: Does a Restraining Order End Once the Protected Person is of Legal of Age

    And your boyfriend can face criminal charges for contributing to your delinquency.

    What a peach of a guy.

    It's always concerning when an adult has to date kids - even 18 year old kids ... there are usually some other issues present that will cause problems in that relationship. Pray that you don't get pregnant.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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