laws, girlfriends and parents

Mithrandir · Post by **Mithrandir** » Sun Mar 05, 2006 9:51 am

Ok in short, is the word of a parent like legally binding (not sure how to put it) say my girlfriends mother wants a restraining order against me for no reason and the girlfriend doesnt. Will she be able to get one or will she need a good reason like i abuse her daugter or somthing like that? Also what can she do if her daughter leaves the house without her permission besides ground her? Is there any legal action she can take? My girlfriend (fiance actually) is 16 (keep your comments to yourself) we plan on getting married either when she graduates or when shes done with college. Im just asking this because i swear her mother could be classified as mentally Ill and abusive. I mean she mentally abuses my fiance all the time, she might not see it but this poor girl cries so much and tells me how bad she wants to get out of her house. Last year her mother beat her so yeah her mother is ****** up and for my fiances sake i dont want to get a restraining order if i go and pick her up and her mom calls the cops or whatever. I could care less about me.

Sun Mar 05, 2006 10:18 am

How old are you? If you're over 18 and depending on what state you live. Then you're just setting yourself up for statutory rape charges (true or not). If the mother is as crazy as you say she is, then it's just a matter of time before those words get thrown around.

Since she is the legal guardian, I bet she could get a restraining order on you.

Darthness · Post by **Darthness** » Sun Mar 05, 2006 10:23 am

yeah, if you're over 18 theres basically nothing you can do simply because she's a minor. I'd kinda leave it alone... if her mother tries to go for something like statutory rape, and if convicted, you'd more than likely have to register as a sex offender, which generally isn't a good thing to have attached to your name.

Chris from MI · Post by **Chris from MI** » Sun Mar 05, 2006 10:25 am

Well as far as the restraining order thing goes it changes from state to state may even be from city to city. But here in Warren, MI you can't get a restraining order against someone for no reason at all. You must show some sort of reasoning like you fear for you safety, stalking, or something along those lines. Being that she is 16 her mom does still have parental control over her but would have to show good reason why you couldn't be around. If her mom is abusive then your girlfriend needs to make police reports anytime something happens between them. At 16 I believe she could go to court and try to get her moms rights taken away. This would make her a legal adult and then her mom has no choice on what she does. But then her mom is also no longer legally responisble for your girlfriend and doesn't have to let her live in her house or anything. Are you both still in high school? You could try to move out if it comes down to it. It sounds like a pretty crappy situation.

Darthness · Post by **Darthness** » Sun Mar 05, 2006 10:29 am

and it just keeps getting crappier. (at the rate that chris's post was going :P

Mithrandir · Post by **Mithrandir** » Sun Mar 05, 2006 10:41 am

oh well, yeah im over 18, im not worried about statutory rape charges. I guess my girlfriend looked up the laws and at 16 she said she can deny the charges or somthing (i doubt it) but it doesnt matter to me. So i guess ill just keep doin what im doin now and then when shes 17 she can drop out and get a GED if her mom is still being a stupid sadistic abusive ******* whore.

edit: hahahaha age of consent 16 in pa YEEEEEEOW!!!

edit again: she would have to prove im some kind of threat to her or her daugter or somthing like that for a restraining order

smoker · Post by **smoker** » Sun Mar 05, 2006 11:35 am

dude i know you dont want ot hear this **** but honestly it sounds like you need to let this one go.....seriously if you are the one who comes between her mother and the law and all this other **** you are just going to be the white knight and get **** on down the road...if you want to help fine but at 16 and 18 if youve got this kind of drama in your lives you dont know each other well enough to be gettin married and any sentence that goes along the lines of "well she can drop out and get her ged and then be with me" not a good thing....your relationship and her relatiionship with her mother are two different things and need to be dealt with as such

Post by **GlassWolf** » Sun Mar 05, 2006 11:41 am

I haven't seen or heard of many relationships starting at the age of 16 that last past the first year of college anyway.. or the first year of factory work with a GED.. take your pick.

geolemon · Post by **geolemon** » Sun Mar 05, 2006 1:19 pm

College is a tough hurdle, I'll give you that one...

People change from HS to college, as much as they don't want to admit it - but suddenly, it's a whole new world. All those people you lived with, and were surrounded with, for the past 12 years of your life? Gone... new ones... new opportunities... new temptations... a whole new methodology and way of living... probably new job... maybe new living arrangement...
...and the 'old boyfriend' often doesn't last (or 'old girlfriend') - it's very natural, really.

But as far as the restraining order goes - no one, I don't care the relationship(mother/daughter) - no one can get a restraining order against someone else without evidence or even a basis for one.
...after all, that would be infringing on YOUR rights, on your freedoms - and setting you up unfairly for the penalties that could go along with violating that restraining order.

Beleive me, you are legally protected against having someone set you up wrongfully with a restraining order, and then conniving a scheme to entrap you into violating that restraining order.
They don't give them out casually.

William from NOLA · Post by **William from NOLA** » Sun Mar 05, 2006 1:41 pm

Just remember overall, that as much as your g/f might say she hates her mother, she won't try to ruin her life. So if she's on trial, she will be very torn whether she says she won't be or not.