Can I file a restraining order against a minor?

Asked almost 4 years ago - Worcester, MA

What would be the process? What kind of proof must I provide?

Attorney answers (3)

  1. Erin Jordan Harris

    Contributor Level 12

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    Answered . Yes, a restraining order can be obtained against a minor. If you are looking to obtain a restraining order against a family or household member (this definition includes ex-boyfriends and girlfriends) under M.G.L. 209A, you need to establish that there has been actual or attempted abuse by the defendant, that you have been placed in fear of serious physical harm by the defendant or that you have been forced to engage involuntarily in sexual relations by force, threat or duress. A 209A Restraining Order can be applied for at the District Court or Family and Probate Court for the area in which you reside. The application that you fill out in the clerk's office will ask whether or not the defendant is under the age of eighteen. If you need assistance in completing the necessary application, you can request the help of a Victim Witness Advocate.

    This response is not legal advice and does not create an attorney/client relationship, it is merely intended to provide general information about the subject matter of the question which has been asked.

  2. Jessica M Walsh

    Contributor Level 9

    Answered . Yes, you can obtain a restraining order against a minor.

    If the alleged abuser is 1)related to you by blood or marriage, 2)unrelated but current or former members of the same household, OR 3)you are in a current or were in a past dating or engagement relationship with the alleged abuser, you can attempt to obtain a 209A restraining order.

    In order to obtain a 209A protective order you must demonstrate two things, the first being abuse. Abuse is characterized as attempted physical harm, actual physical harm, being placed in fear of imminent serious physical harm, and/or forcing you to engage in sexual relations by force. You must also be able to demonstrate that you remain in reasonable imminent fear of this abuse.

    If you do not meet the above relationship requirement or criteria, you could attempt to obtain a 258E harassment order. You must demonstrate you have suffered 3 or more acts of harassment. These acts of harassment must be willful and malicious conduct aimed at you with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property. You must be able to demonstrate substantial likelihood of immediate danger of harassment when you initially go in front of a judge.

    In either case, you must file a Complaint for Abuse Prevention Form with your local court. You will also be required to submit an affidavit of abuse. It is important that you use facts to explain your fear, citing the most recent abuse events. You do not need to include details or past events. You will go before a judge, explain your situation and, if your situation warrants, you will be given a temporary restraining order. A hearing will be scheduled for approximately 10 days later (10-day hearing) and the alleged abuser will be given notice of this hearing so he or she may attend and defend him or herself. At this 10-day hearing both parties will present evidence and you will need to prove that you qualify for a 209A or 258E protective order.

    It would be helpful to retain a lawyer who specializes in domestic violence proceedings to help you prepare your 10-day hearing testimony and/or represent you at your 10-day hearing. Please contact my office if you desire legal representation.

  3. Brian C. Pascale

    Pro

    Contributor Level 19

    Answered . While every state has different criminal procedure laws, there is usually one constant, a police report needs to be filed. It is difficult to answer your question without more facts. Your best bet is to inform your local police department of what the issues are and let them guide you in the right direction. If you feel threatened you should be sure not to let the police attempt to dissuade you from proceeding forward because of the person's age.

    I wish you the best of luck.

    If you found this helpful I would appreciate your clicking the "thumbs up" below.

    If you want to learn more about my law firm access our website: www.pascalelaw.com . You can also learn more about me including my contact information on my Avvo profile

    Legal Disclaimer:

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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