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  1. #1

    Default Can You Get a Restraining Order Without Alleging Unlawful Acts

    My question involves restraining orders in the State of: North Carolina
    About a year ago I was dating a girl when me(17) and her(15) decided to have some slight sexual contact (oral). Her parents found out and told me I was not allowed to contact her in any way, shape, or form(they said they were not going to the police about our actions, but I was to stay away from her). Skip forward a year, and me(18) and her(16) run into each other at a school band concert event (we went to different schools, and both played in their respective bands) where we talk briefly and exchange numbers again. It had been over a year since I had last spoken to her, due to her parents demand. However, her father saw me talking to her and when she went back to him he yelled at her and said if he finds out we are talking he is going to file a restraining order. Since that night we have started talking again, without her parents knowledge. We are simply catching up in each others life for the past year, and talking about what we are/left over feelings. While texting occasionally she brings up how she wants to run away, and I tell her not to, that she needs to stay with her parents until she goes to college (She will be a freshmen in college at 17). I tell her that it might suck, but her parents are just trying to look out for her, and she should listen to them for the most part. With the exception of the fact that we are texting against her parents will or knowledge, there is nothing else that I am telling her to go against her parents(I tell her to listen to them). There is nothing sexual going on in the text messages(Even though legal age of consent in North Carolina is 16). So is there any way for her parents to actually file a restraining order against me if we are just talking, and I am telling her to stay with her parents and listen to them while she lives at their house? We aren't planning on meeting up anywhere, and the most we have discussed when it comes to meeting each other has been if she goes to the same college as me. So do her parents still have the ability to stop me from talking to her when there is nothing wrong, except the fact that a year ago we engaged in consentual oral sex(which, at the time, was legal due to the North Carolina Romeo and Juliet Law)?
    *Edit* I do understand the difference between age of consent(16) and age of majority(18). I stated the information about consent so that anything that could be used against me you guys would know about. Thanks!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Nothing Illegal Done, Can Restraining Order Still Be Placed

    She's a minor - it's not about the age of consent.

    With that in mind, this forum won't generally discuss the whys and wherefores of minors being intimate.

  3. #3

    Default Re: Nothing Illegal Done, Can Restraining Order Still Be Placed

    I understand this isn't about the age of consent, I simply put that in there so people would know I have already checked out age of consent laws in North Carolina. I get that she is still a minor, and her parents ultimately have control. But are they able to file a restraining order if nothing is going wrong? All the other threads seem to have a mention of the girl running away with the guy, or something else that makes it to where the parents decision can be validated in a way other then the fact that they just don't like the significant other. We aren't even dating, just still trying to be friends.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Nothing Illegal Done, Can Restraining Order Still Be Placed

    They would probably not be able to get any kind of restraining order today.

    But if you persist in making contact with her, no matter how innocent it may be, when they have told you not to, they may be able to get one tomorrow. Depending on exactly how the contact is made, they may even be able to get your ass tossed in jail.

    So as long as she is under 18, delete her number from your phone, do not accept any texts or phone calls, and quit helping her go against her parents' wishes. (Of course you are - you're texting her)

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