frustrated mom-need advice!!

[anna]

South Carolina age of consent is 16. My 15 yo daughter had been seeing 21 -22 yo man. He has been warned by me to stay away from her but continues to call,drive by, go into her car while she's in school and threaten her new boyfriend.She is now 16. He has told her that even though it's hard to sneak behind my back, if you really love someone you'll do anything to be with them. I have talked to the police..back when she was 15 and they told me I couldn't get a restraining order unless her hurts her physically or has sexual relations with her (which I would have to be able to prove). 2 police officers show up for my escapee lab (there IS a leash law after all)...but no one can stop this man from harassing us!! When she was 15 she had gone off with this guy for a whole day!! I called the police and gave them the name,address and phone number but they "couldn't" do anything because she had gone with him willingly! Not that they needed an address...after all..this guy has a record and they know him well! Daughter doesn't want to raise an "issue". Don't I have rights as the mother of a minor to protect her!?

 

[Happy Trails]

South Carolina age of consent is 16. My 15 yo daughter had been seeing 21 -22 yo man. He has been warned by me to stay away from her but continues to call,drive by, go into her car while she's in school and threaten her new boyfriend.She is now 16. He has told her that even though it's hard to sneak behind my back, if you really love someone you'll do anything to be with them. I have talked to the police..back when she was 15 and they told me I couldn't get a restraining order unless her hurts her physically or has sexual relations with her (which I would have to be able to prove). 2 police officers show up for my escapee lab (there IS a leash law after all)...but no one can stop this man from harassing us!! When she was 15 she had gone off with this guy for a whole day!! I called the police and gave them the name,address and phone number but they "couldn't" do anything because she had gone with him willingly! Not that they needed an address...after all..this guy has a record and they know him well! Daughter doesn't want to raise an "issue". Don't I have rights as the mother of a minor to protect her!?

Stalking Legislation: South Carolina
ARTICLE 17: HARASSMENT AND STALKING
passed in 1995

Section 16-3-1700. As used in this article:

(A) "Harassment" means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in his position to suffer mental distress. Harassment may include, but is not limited to:

(1) following the targeted person as he moves from location to location;

(2) visual, physical, or verbal contact that is initiated, maintained, or repeated after a person has been provided notice that the contact is unwanted;

(3) surveillance of or the maintenance of a presence near the targeted person's: (a) residence; (b) place of work; (c) school; or (d) another place regularly occupied by the targeted person; and

(4) vandalism and property damage.

Harassment does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties.

(B) "Stalking" means a pattern of words or conduct that is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person's position to fear:

(1) death of the person or a member of the person's family;

(2) assault upon the person or a member of his family;

(3) bodily injury to the person or a member of his family;

(4) criminal sexual contact on the person or a member of his family;

(5) kidnapping of the person or a member of his family; or

(6) damage to the property of the person or a member of his family.

Stalking does not include words or conduct that is protected by the Constitution of this State or the United States and does not apply to law enforcement officers or process servers performing their official duties.

(C) "Aggravated stalking" means stalking accompanied or followed by an act of violence.

(D) "Pattern" means two or more acts within a ninety-day period.

(E) "Family" means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person.

Section 16-3-1710

(A) A person who engages in harassment is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars, imprisoned not more than 30 days, or both.

(B) A person convicted of harassment against a person within seven years of a prior conviction or harassment against or stalking of that person, or when an injunction or restraining order is in effect prohibiting this conduct, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than one year, or both.

Section 16-3-1720

(A) A person who engages in stalking is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than one year, or both.

(B) A person who engages in stalking when an injunction or restraining order is in effect prohibiting this conduct is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars, imprisoned not more than two years, or both.

(C) A person who engages in stalking a person within seven years of a prior conviction of harassment against or stalking of that person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.

Section 16-3-1730

(A) A person who engages in aggravated stalking is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.

(B) A person who engages in aggravated stalking when an injunction or restraining order is in effect prohibiting this conduct is guilty of a felony and, upon conviction, must be fined not more than seven thousand dollars, imprisoned not more than ten years, or both.

(C) A person who engages in aggravated stalking of a person within seven years of a prior conviction of harassment against or stalking of that person is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars, imprisoned nor more than fifteen years, or both.

Other provisions relating to stalking and harassment:

The court may order a convicted stalker to undergo a psychological evaluation prior to sentencing; the court may then order counseling or other treatment.

Section 16-3-1740.

The magistrate's court may issue a restraining order prohibiting harassment or stalking. Procedures for issuing such an order, including an emergency hearing, are set out. The court may enter a temporary order until a full hearing can be held. At that time, the court may issue a regular order, which shall be effective for six months. Procedures are also given for extending a restraining order, if the defendant has been charged with harassment or stalking and a trial date is set.

Sections 16-3-1750 - 1790.

Law enforcement officers shall arrest a person violating a restraining order - an arrest warrant is not required. The primary duty of a law enforcement officer in cases of stalking or harassment is to enforce the law and protect the victim. The law enforcement officer shall notify the victim of the right to file a criminal complaint and seek a restraining order. Sections 16-3-1800 - 1810.

A person who reports harassment or stalking, files a criminal complaint, files for a restraining order, or participates in a court proceeding relating to harassment or stalking is immune from civil or criminal liability if the person was acting in good faith. Good faith is presumed, but can be rebutted.

Section 16-3-1820.

Proceedings under this article are in addition to other civil and criminal remedies.

Section 16-3-1830.

A magistrate may order a person arrested for stalking or harassment to undergo a mental health evaluation as a condition of bail.

Section 16-3-1840.

For Unlawful Uses of a Telephone, which may be a felony or a misdemeanor, see South Carolina Code section 16-17-430.

 

[anna]

target?

so, can I pursue him legally even though I myself am not the target? The local police have lead me to believe that I can not.

 

[rmet4nzkx]

You have to go to court to have a restraining order issued. You could have done that before, that is different than bringing criminal charges.

 

[shell007]

we live in california my 14 yr old daughter keeps running away for a week at a time the police
find her and bring her home she stays for a couple of weeks then leaves
again to be w/20 yr old boy friend. I have warned him to stay away
i have no proof of intercourse but i am very sure it is happening. what can
i do i am at witts end. What rights as a parent do i have to one keep her
home and two keep him away?

RickyZ: It would be better for you to start your own thread. That way, YOUR specific questions will be answered, and post won't get confusing!