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  1. #1
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    Feb 2019
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    Default Can You Get a Restraining Order Removed When You Turn 18

    My question involves restraining orders in the State of: California

    Can a minor who is a protected person under a restraining order get the order removed upon reaching the age of 18?

  2. #2
    Join Date
    Sep 2005
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    California
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    Default Re: Can Minor Who Turns 18 Go Remove Ro

    You will have to reply with some details as to the problem.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

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  3. #3
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    Feb 2019
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    Default Re: Can Minor Who Turns 18 Go Remove Ro

    Well I had got in a relationship with a girl lied about her age for months and we fell in love. I got arrested for it, but she told the court that it was her idea etc. I didn't have to register nothing just 3yrs probation. What are the odds of the RO expiring on her 18 ?birthday?

  4. #4
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    Default Re: Can Minor Who Turns 18 Go Remove Ro

    Quote Quoting Dobo430
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    Well I had got in a relationship with a girl lied about her age for months and we fell in love. I got arrested for it, but she told the court that it was her idea etc. I didn't have to register nothing just 3yrs probation. What are the odds of the RO expiring on her 18 ?birthday?
    Who obtained the restraining order? Or, is it a criminal protective order issued at the prosecutor's request or on the court's own initiative? The order will NOT "expire" on her 18th birthday. It will end when it has run its course - usually a term of 3 years, but sometimes longer. You are free to go to court on the matter, but, unless the order was sought by her parents, I doubt that you will prevail in a challenge against the order.

    Oh, and you did not get arrested and convicted because you fell in love, you were convicted because you did something about it - presumably, you had sex with a minor in violation of PC 261.5.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Jan 2006
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    38,728

    Default Re: Can Minor Who Turns 18 Go Remove Ro

    I suspect the order is part of the terms of your probation. If so, the order will remain in place for the duration of your probation unless you can convince a court to rescind the order while still under probation. That isn’t likely.

    be forwarned: it doesn’t matter whose idea contact is. If you violate the order, you can be arrested and your probation revoked and you sent to jail. Most RO’s prohibit any contact, including phone calls and texts. Don’t screw up your probation thinking you can outsmart the courts.

  6. #6
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    Sep 2005
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    California
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    Default Re: Can Minor Who Turns 18 Go Remove Ro

    As a note, the court can impose conditions of probation that may mirror the R/O or act in its stead, but the R/O (or CPO, as is more likely the dase) are separate beasts and can outlast the probation term. It is not uncommon to have probation conditions preventing contact, a TRO preventing contact (filed, perhaps, by a parent), and a CPO issued by the court as well. I can't tell you the number of times I have seen people go to court to remove one and forget about the other!
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7
    Join Date
    Jan 2010
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    New Jersey
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    Default Re: Can Minor Who Turns 18 Go Remove Ro

    My advise, stay far away from her, far away...
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  8. #8
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    Sep 2005
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    California
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    Default Re: Can Minor Who Turns 18 Go Remove Ro

    Quote Quoting Who'sThatGuy
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    My advise, stay far away from her, far away...
    Yep. And, since tiehr the TRO or the CPO are almost certainly DV related, that means any violation is subject to a mandatory arrest (the only statute under CA state law that has such a mandate).
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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