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If I am under the age of 18, can I file for a restraining order?

Fall River, MA |

I feel threatened by my brother. He is addicted to heroin and he has a very violent past. He has been arrested for possession and he is being held against his will until mid-July. He does threaten to kill himself many times and I'm scared to be in the same household as him.

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Attorney answers 3


Generally-speaking, at least one of your parents or your legal guardian will need to file on behalf of a minor under the age of 18.

Please understand that answering this does NOT create an attorney-client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.


Generally a parent or guardian files a petition for an abuse prevention order on behalf of someone who is under 18.



But is it possible for me to file for one?

Robert M Granger

Robert M Granger


I think you can file one but the judge will ask about your parents or guardian and try to have one present at the hearing. If no parent or guardian is present, the judge may appoint a guardian ad litem or lawyer to represent your interests. Also, if an order is entered the judge may direct that a report be filed with the Department of Children and Families. I recommend that you get legal counsel to advise you. If you cannot afford a lawyer, try contacting mass legal services.


If you are emancipated maybe, but you may need a parent to file.

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