Can my mom press charges on my boyfriend (19) , I am (17) , because she doesn't want me with him or doesn't like him?
5 attorney answers
No. Your Mom cannot press charges. Only the State of Florida can do that. For that to happen, there needs to be evidence of a crime committed. What you have presented in your question, suggests no crime was committed.
That being said, like it or not, for better or worse, you only have 1 Mom.
Good luck. I hope all works out for you and your family.
Your mom could try to press charges against him for child endangerment - but it would be a weak case. She could try to get a restraining order against him - which may be granted by a Judge - but that's not 'pressing charges'. Of course, if an injunction/restraining order is granted and he violates it he will be arrested. Lastly, and maybe most importantly, if she knows/finds out you had sex with him when you were under 16 years old, then she can bring charges against him...and those would be very serious charges!!
Other than that, you are 17 and can legally consent to sexual relations with anyone under the age of 24. So, legally, what you are doing now is OK. Maybe not 2 1/2 years ago....
A little advice - don't piss off mom. She can make life miserable for you two. And I have a sneaky suspicion you are going to be connected with mom a lot longer than with your current boyfriend. So be smart in how you deal with this.
Yes. You are a minor and like it or not you are subject to your parents rules.
That said in Florida when it comes to minor and sex gender is irrelevant. What is relevant is age, and, depending upon the age, then consent.
A 16 or 17 y/o can, legally / lawfully, consent to sexual relations with someone who is 23 or younger.
If you are younger than 16 then your consent, no matter how heartfelt, is legally insufficient and will not be a factor in an ensuing criminal prosecution. Similarly, if you are able to consent (if you are 16 or 17) but you have sexual relations with someone who is 24 or older, then your consent is similarly legally insufficient and will not be a factor in an ensuing criminal prosecution.
That said (shy of falsely imprisoning or securing chastity equipment), while family cannot stop a minor who is legally capable of giving consent from doing so, the legal guardian of a minor can seek protection from the Court on the minor's behalf and against the minor's will in the form of a restraining order / injunction for protection.
If the Court believes that it is in the minor's best interests to issue the order of protection then it can lawfully preclude any contact, direct or indirect, between the minor and the up to 23 y/o sexual partner. Any violation of such a Court Order will result in immediate incarceration and an independent criminal prosecution.
Whether or not a Judge would issue such a stay away order (a permanent one anyhow) is subject to the minor being able to speak her/his mind, and, naturally such a course of action, if pursued, is likely to drive a significant wedge into any familial relationship.
That's the law. Its black and white. No exceptions. No excuses. No wiggle room. If either the minor is under 16 or the adult is over 23 the its a 100% "NO", and if both parties consent and fall within this age range then, for many reasons, it remains a delicate situation.
I hope that I have been helpful in answering your question.
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Your mother does have a right to stop you from seeing your boyfriend. If she can prove he has been having sex with you he could be prosecuted from anything from lewd and lascivious battery to contributing to the delinquency of a minor, depending upon the facts.
Yes, until you are 18 your mom can legally stop you from seeing him. She can get a restraining order on your behalf and if he violates it then he can be arrested. Unless youve been having sex with him, then he might get arrested for that.