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how do i have a restraning order taken off

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lee.flanary

Junior Member
What is the name of your state (only U.S. law)? florida

i am under 18 and my step mom put a restraning order on my girlfriend when im 18 how would i get it taken off?? what would i have to do??
 


tallen2k4

Junior Member
What OP is trying to say is he is currently a minor and his step mom put a restraining order against his girlfriend on his behalf. He wants to know how to go about getting it removed once he turns 18
 

Zigner

Senior Member, Non-Attorney
What OP is trying to say is he is currently a minor and his step mom put a restraining order against his girlfriend on his behalf. He wants to know how to go about getting it removed once he turns 18
And he was advised that HE cannot do anything. This is a matter for the adult gf to handle.
 

tallen2k4

Junior Member
Oh he didn't say she was an adult. So once he turns 18 he can't get it removed? I don't pretend to know anything about laws, I'm just genuinely curious.
 

Zigner

Senior Member, Non-Attorney
Oh he didn't say she was an adult. So once he turns 18 he can't get it removed? I don't pretend to know anything about laws, I'm just genuinely curious.
The child (our OP) has nothing to do with the restraining order. He is not a party to it.
 

st-kitts

Member
What is the name of your state (only U.S. law)? florida

i am under 18 and my step mom put a restraning order on my girlfriend when im 18 how would i get it taken off?? what would i have to do??
Many restraining orders expire after one year in FL although some have no set expiration date. Upon your 18th birthday you or your GF could appeal to the court to modify or dissolve the injunction. The court could grant the dissolution or modification at that time, or not. If you turn 18 on or around the time the order expires, you could simply wait it out. Although you will not be in legal trouble for violating the order, remember that your girlfriend can go to jail for a violation, even if you initiate contact.

Obey your parents and the order. Your parents will not have the ability to request an extension of an order of protection for you when you are no longer a minor.
 
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justalayman

Senior Member
Many restraining orders expire after one year in FL although some have no set expiration date. Upon your 18th birthday you or your GF could appeal to the court to modify or dissolve the injunction. The court could grant the dissolution or modification at that time, or not. If you turn 18 on or around the time the order expires, you could simply wait it out. .
there is a lot of speculation on this situation without support. We do not know why the RO was sought and issued. For all we know, GF threatened mom with violence. If so, it has nothing to do with OP.

If the order was sought on behalf of the OP or it was based on the OP being a minor and was for the protection of OP as a minor, then OP could seek to have it vacated once OP turned 18.

so, as usual; more info needed to be able to address this
 

st-kitts

Member
there is a lot of speculation on this situation without support. We do not know why the RO was sought and issued. For all we know, GF threatened mom with violence. If so, it has nothing to do with OP.

If the order was sought on behalf of the OP or it was based on the OP being a minor and was for the protection of OP as a minor, then OP could seek to have it vacated once OP turned 18.

so, as usual; more info needed to be able to address this
If OP is a covered party in the order, even if the order was granted for the protection of the stepmother after threats of violence against her, per your speculation, OP could still request modification of the order on his 18th birthday to exclude his coverage.

If OP is not a covered party, the point of the question is lost on me. If OP isn't a covered party, the girlfriend would not be in violation of the order if she sees OP today, so long as she does so in a location not covered by the order.

In any of these cases we are working off a bare minimum of information. I certainly welcome the OP to provide more information so that he can receive more targeted and accurate assistance.
 
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justalayman

Senior Member
st-kitts;3047968]If OP is a covered party in the order, even if the order was granted for the protection of the stepmother after threats of violence against her, per your speculation, OP could still request modification of the order on his 18th birthday to exclude his coverage.
I said what I did about the threats because we have no information and it was merely another justification for an RO. We do not know what restrictions on on the BF. In fact, we do not know if the the BF is directed to have no contact with the OP. For all we know, it may apply only to the OP's house. If mom grounded OP, that would mean OP doesn't see BF just as if the BF was ordered to cease all contact with OP.
 

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