My daughter is 16 and her girlfriend is 17 and will be 18 in June. The girls mother is not accepting of this relationship and is threatening to get a restraining order out on my daughter if she keeps talking to her daughter. Also she is threatening to press rape charges on her daughter when she turns 18 because my daughter and is underage.
1. A protective order can be granted if there is a threat of physical harm or sexual assault against a person. In this case, the concern is that the daughters may engage in consensual sexual relations so that would be a stretch to say it's a "sexual assault."
2. The problem is that under Virginia law, in theory, a prosecutor COULD bring a charge of 'encouraging a child to commit delinquent acts' which is a Class 1 Misdemeanor once the other child turns 18 years old. Of course, the practical application of this would mean that the other mother would have to turn her own daughter over to the prosecutor because she would be the one violating the law (which it sounds like she is considering...) Also given the close age gap, a prosecutor may use discretion not to pursue charges since your own daughter in a relatively short period of time will be 18 and at that time, both children will be adults and can engage in consensual relations.
In short, it's an ugly situation where there is no clear answer as to what will likely happen. Hopefully, the other mother will respect her daughter's right to make her own decisions once she turns 18 and not take an extreme position requiring government involvement.
This answer provides general advice and should not be understood as to create an attorney-client relationship between the questioner and the responding attorney.
There are many laws protecting children and regulating sexual behavior in Virginia. In addition, it is never a good idea for an adult to be in a "dating" relationship with a minor as it opens the adult up to an even greater risk of criminal prosecution.
Can she get a restraining order? It depends on what she says to get it. Probably she can. This lady is bad news and your daughter (and her daughter) would be best off to cool it until both are 18. See https://en.wikipedia.org/wiki/Ages_of_consent_in_the_United_States#Virginia.
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