Restraining Orders
A restraining order, also known as a protective order, is an order issued by the court to protect a person from mistreatment, abuse, or any type of harassment by another person, who in many cases is a family member, former partner, or ex-spouse. The person who has the restraining order is the protected person. These types of orders are granted for a period of time; they are temporary. This means that once the restraining order expires, if the harassment by the other person continues, the restraining order can be extended, and the other person may then face charges or fines.
These types of restraining orders are filed in many cases and among different types of individuals. Many times, men request restraining orders; on other occasions, women do, and in special cases, minors also request restraining orders.
Minors are often victims of abuse and violence by other minors, but the law does not allow a restraining order to be requested against a minor unless they are emancipated, either by court declaration or because they already have adult responsibilities such as living with a partner, having children, or serving in the military.
However, there is a way to take action against abuse or violence from one minor to another. The parents, guardians, or those who have custody of the minor who is the victim may request a restraining order based on harassment of a child before the superior court.
Similarly, there are cases where the aggressor is a minor and the victim is an adult. In such cases, we can also explain what can be done. If the minor is not emancipated and commits an act of harassment or violence, a civil restraining measure may be used as part of a delinquency petition, which is different from a restraining order.
As attorneys with extensive experience in these types of cases, we see the different types of orders that apply. It is also important to note that when the victim is under 18 years old and the abuser is an adult, the minor must have representation from their parents, guardian, or whoever has custody in order to file a restraining order request before the superior court. The court will evaluate whether the case is legitimate and ensure that it is not being filed for the minor’s personal interest.