ExpertLaw.com Forums

Can My Dad File a Restraining Order on My Boyfriend

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 03-22-2014, 09:02 AM
    helpmeplease101
    Can My Dad File a Restraining Order on My Boyfriend
    My question involves restraining orders in the State of: Illinois

    I am 17 and my boyfriend is 19. In the state of Illinois the legal age of consent is 17, so I am of age there. The problem is my dad is very controlling and recently took my phone and went through all my messages. He found some between me and my bf that have suggested sexual interaction (but I am of age of consent) Now I am afraid that he is trying to get a restraining order against my bf and said he "would talk to the cops". I was just wondering if he did try to get a restraining order would he have enough evidence to do so? My bf has never hurt me in any way and is not a threat to me my dad just "doesn't like him" Please help and fast
  • 03-22-2014, 09:19 AM
    free9man
    Re: Can My Dad File a Restraining Order on My Boyfriend
    Even if he cannot get a restraining order, he can still forbid you from seeing your BF. He can trespass your BF from your home so that he could no longer legally come to the home. He could ground you until such time as you move out of his home.
  • 03-22-2014, 11:15 AM
    tophat
    Re: Can My Dad File a Restraining Order on My Boyfriend
    Your dad could try filing a restraining order. However, no plenary order of protection would or should issue because your father and your boyfriend do not have a domestic relationship. If one did, all an individual would have to do is appeal on the basis that there is no domestic relationship between your father and boyfriend. And if your father did file, your boyfriend could probably go for an abuse of process lawsuit against your father.
  • 03-22-2014, 12:36 PM
    helpmeplease101
    Re: Can My Dad File a Restraining Order on My Boyfriend
    Also he is threatening me by saying he can have him on the sex offender list, is this still true even though im 17?
  • 03-22-2014, 01:11 PM
    cbg
    Re: Can My Dad File a Restraining Order on My Boyfriend
    The age of consent and the age of majority are not the same thing. The age of consent reflects the age at which the state will no longer throw your adult boyfriend in jail for having sex with you. But you are not of age until you reach the age of majority, which in no state is younger than 18. So you are still under the care, custody and control of your father, which means that he can forbid you to see your boyfriend and can charge him with trespassing if he comes on the property. Whether he can or cannot get a restraining order depends on specific facts but you may rest assured that if Dad does not want you to see him, there is nothing in the law that is going to force him to allow you to see him anyway.
  • 03-24-2014, 01:26 AM
    tophat
    Re: Can My Dad File a Restraining Order on My Boyfriend
    I was pretty sure the age of consent was 17 in Illinois and that one could not engage in selling sex (porn, etc.) until age 18. A person in Illinois cannot give out nudes until age 18. If you two had sex before you turned 17-year-old, then yes. However, such would be dependent on some kind of evidence, such as your testimony or witness testimony. Because, otherwise, any evidence of you having sex with him would be considered illegal evidence. So, if there was sexual contact prior to age 17, then it may be difficult to put him on a sex offender list. If that happened, I really suggest you walk away from the guy and consider the effects such a relationship may have had on your psychology and view of relationships.

    http://www.ageofconsent.us/state-law...-consent-laws/
  • 03-24-2014, 02:20 AM
    Dogmatique
    Re: Can My Dad File a Restraining Order on My Boyfriend
    Quote:

    Quoting tophat
    View Post
    Your dad could try filing a restraining order. However, no plenary order of protection would or should issue because your father and your boyfriend do not have a domestic relationship. If one did, all an individual would have to do is appeal on the basis that there is no domestic relationship between your father and boyfriend. And if your father did file, your boyfriend could probably go for an abuse of process lawsuit against your father.




    Go here, and scroll down to 2 f)

    http://www.womenslaw.org/laws_state_...IL&open_id=all

    (This assumes that the parents have already said "Nope, no way")


    MrKIA also provided this handy packet: http://www.expertlaw.com/forums/showthread.php?t=74411



    But even if that doesn't wash, there's not a thing in the world boyfriend can do if OP's parents decide to ground her from now until she's of age...and now I think about it, a civil ro is probably the least of his worries if she's going with him behind her parents' back.
  • 03-24-2014, 07:00 AM
    cbg
    Re: Can My Dad File a Restraining Order on My Boyfriend
    Quote:

    Quoting tophat
    View Post
    I was pretty sure the age of consent was 17 in Illinois and that one could not engage in selling sex (porn, etc.) until age 18. A person in Illinois cannot give out nudes until age 18. If you two had sex before you turned 17-year-old, then yes. However, such would be dependent on some kind of evidence, such as your testimony or witness testimony. Because, otherwise, any evidence of you having sex with him would be considered illegal evidence. So, if there was sexual contact prior to age 17, then it may be difficult to put him on a sex offender list. If that happened, I really suggest you walk away from the guy and consider the effects such a relationship may have had on your psychology and view of relationships.

    http://www.ageofconsent.us/state-law...-consent-laws/

    And I really suggest that you learn the difference between the age of consent and the age of majority before you next post to a question of this type. Better yet, don't respond to a question of this type at all.
  • 03-24-2014, 04:30 PM
    viol8te
    Re: Can My Dad File a Restraining Order on My Boyfriend
    You don't need a domestic in order to apply for an OOP. If he knows the right things to say, he can request a civil OOP. It's just as strong and ironclad as a criminal order.
  • 03-24-2014, 05:30 PM
    tophat
    Re: Can My Dad File a Restraining Order on My Boyfriend
    Quote:

    Quoting cbg
    View Post
    And I really suggest that you learn the difference between the age of consent and the age of majority before you next post to a question of this type. Better yet, don't respond to a question of this type at all.

    I correctly answered the question. Don't harass me.

    Quote:

    Quoting viol8te
    View Post
    You don't need a domestic in order to apply for an OOP. If he knows the right things to say, he can request a civil OOP. It's just as strong and ironclad as a criminal order.

    Source, please. State of Illinois. No, you don't need to be domestic. I mean, any prick can just as well come in and file a DVRO in relation to the IDVA where there is no domestic relationship. I remember reading an article where some individual wrote "Tom N Jerry" as the petitioner name, whereby cases were wrongfully brought against individuals. However, since ignorance is no excuse for the law, you may as well label it an abuse of process. It's not like the people have to read and sign everything in front of the judge or give identification: An illegal immigrant could request an Illinois Order of Protection. The forms generally spell out what's going on, and one might assume that a reasonable person read the documentation before signing it.

    http://www.post-gazette.com/local/re...s/201206270226
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 10:08 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved