My girlfriends parents want a restraining order

[shiv44us]

What is the name of your state (only U.S. law)? Florida, Broward County

On December 3rd my girlfriend(17 years old) skipped school and asked me to pick her up. I(19 years old) picked her up and we were alone for about 3 hours, then her mother calls asking if I have her, and i panic and say no. Long story short, a friend of my girlfriends mother comes and picks her up. I go home. A Detective called me and tells me her dad would like me to stay away from her, he also says she was in the hospital for 3 days (i guess she had a panic attack and a fever and was dehydrated). She managed to talk to me behind their back and told me in that they are attempting to put a restraining order on me.

I don't see any grounds that it would be granted, i never hurt her, stalked her or harassed her in any way.

Im concerned about weather i can even show up in court because my Petition for Residency was just approved yesterday and i have to wait on for my green card. Also I'mm worried that if the restraining order is passed if immigration would deny my petition because of the restraining order... Can immigration deny your petition because of a restraining order?

I was also talking to my friend and he said that its illegal to be with a minor if you are over 18 durring school hours... is that true?

And also they found out that we have been having "consensual" sex, i dont know why she told them that, but does that have any grounds in court?What is the name of your state (only U.S. law)?

 

[Isis1]

What is the name of your state (only U.S. law)? Florida, Broward County

On December 3rd my girlfriend(17 years old) skipped school and asked me to pick her up. I(19 years old) picked her up and we were alone for about 3 hours, then her mother calls asking if I have her, and i panic and say no. Long story short, a friend of my girlfriends mother comes and picks her up. I go home. A Detective called me and tells me her dad would like me to stay away from her, he also says she was in the hospital for 3 days (i guess she had a panic attack and a fever and was dehydrated). She managed to talk to me behind their back and told me in that they are attempting to put a restraining order on me.

I don't see any grounds that it would be granted, i never hurt her, stalked her or harassed her in any way.

Im concerned about weather i can even show up in court because my Petition for Residency was just approved yesterday and i have to wait on for my green card. Also I'mm worried that if the restraining order is passed if immigration would deny my petition because of the restraining order... Can immigration deny your petition because of a restraining order?

I was also talking to my friend and he said that its illegal to be with a minor if you are over 18 durring school hours... is that true?

And also they found out that we have been having "consensual" sex, i dont know why she told them that, but does that have any grounds in court?What is the name of your state (only U.S. law)?

from here on out, DO NOT accept any form of communication from this girl.

the detective gave you a verbal warning. heed that warning.

there is no restraining order until you are served. when you do get served, consult with an attorney.

 

[shiv44us]

From the research i did online, if she attempts to contact me the restraining order can be nullified, and even if i havnt been served yet if i volatile on my end i will be arrested.

Im not sure i can afford and attorney, so far the 2 that i have talked to want 3000 just to start on my case and who knows what other kinds of fees

 

[Isis1]

From the research i did online, if she attempts to contact me the restraining order can be nullified, and even if i havnt been served yet if i volatile on my end i will be arrested.

Im not sure i can afford and attorney, so far the 2 that i have talked to want 3000 just to start on my case and who knows what other kinds of fees

then plain and simple. STAY away from the little girl.

do not buy yourself more trouble. her parents rule. a child calling you does not nullify her parent's restraining order. she has not authority to nullify it.

 

[shiv44us]

i will stay away but what about my other questions?

Does every applicant for a restraining order get a hearing? or is there a clerk or someone who reviews the paperwork and decides who gets a court date or not?

 

[Isis1]

i will stay away but what about my other questions?

Does every applicant for a restraining order get a hearing? or is there a clerk or someone who reviews the paperwork and decides who gets a court date or not?

there will be a hearing to decide to retain the restraining order. if one is actually applied for.

 

[Proserpina]

From the research i did online, if she attempts to contact me the restraining order can be nullified, and even if i havnt been served yet if i volatile on my end i will be arrested.

Im not sure i can afford and attorney, so far the 2 that i have talked to want 3000 just to start on my case and who knows what other kinds of fees

Frankly you need an attorney - this may NOT have a happy ending for you given your immigration status.

Not attending the hearing will guarantee further legal problems.

 

[shiv44us]

We have been waiting for 12 years to finally be approved, and now this has to happen to me... I really don't know what to do. After I dropped her off I had nothing to do with her and her family...

I left them alone, never called, and never went near there house.

I don't see the grounds for the restraining order to be passed. They have no evidence of me ever being anywhere near them. I did not threaten them or follow them anywhere.

What could they possibly base their case on?

Do you know any good pro bo no lawyers in broward that I can get in contact with?

Also, they are representing themselves, no attonrney.

With a restraining order on my background would that be enough for them to deny my entrie petition?

 

[Antigone*]

We have been waiting for 12 years to finally be approved, and now this has to happen to me... I really don't know what to do. After I dropped her off I had nothing to do with her and her family...

I left them alone, never called, and never went near there house.

I don't see the grounds for the restraining order to be passed. They have no evidence of me ever being anywhere near them. I did not threaten them or follow them anywhere.

What could they possibly base their case on?

Do you know any good pro bo no lawyers in broward that I can get in contact with?

Also, they are representing themselves, no attonrney.

With a restraining order on my background would that be enough for them to deny my entrie petition?

You helped a minor ditch school, I'd say that is basis enough.

You lied to her mother, I'd say that is basis enough

You had sex with a minor, I'd say that is basis enough.

If I add another base, you might have a homerun Do you really want me to keep going?

 

[Proserpina]

We have been waiting for 12 years to finally be approved, and now this has to happen to me... I really don't know what to do. After I dropped her off I had nothing to do with her and her family...

I left them alone, never called, and never went near there house.

I don't see the grounds for the restraining order to be passed. They have no evidence of me ever being anywhere near them. I did not threaten them or follow them anywhere.

The problem is that you knowingly kept a minor out of school and then lied to her parents afterwards. That's precisely what they will base their case on, and precisely why it will likely be granted. With regards to you two being intimate, Florida's consent laws are a little unusual; as she is 17 and you are 19 sex between you is generally not going to be considered a criminal act:

794.05 Unlawful sexual activity with certain minors.-- (1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

A restraining order will usually not cause many problems in and of itself - but much may depend on the grounds for it being granted and if criminal charges follow.

You can google "Broward Legal Aid" or similar to find help but these types of cases usually don't qualify.

 

[shiv44us]

Thank you Proserpina for pointing that out, I knew about the whole age of consent thing from before, im not worried about that.

Lying technically isn't a crime. Right?

Yes i did help her cut class, but it was a mutual decision, i didn't kidnap her or anything... but still that is basically what I'm worried about. I'm seeing a lawyer tomorrow to see if he can give me any advice.

I need definite answers to the questions i posed earlier.

Upon searching the internet I came across the guidelines for obtaining a restraining order in Florida.

To get a restraining order, or injunction, you must be the victim of domestic violence, but this is not limited to acts between a man and wife or partner. Domestic violence is any incidence of assault, battery, stalking, kidnapping, false imprisonment, or physical harm caused by any other household member. Having good reason to fear any of these will occur is also grounds to obtain an injunction.

These are some more...

Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.* If you are the victim of domestic violence or if you have reasonable cause to believe that you are in immediate danger of becoming the victim of any act of domestic violence, you can apply for an injunction against domestic violence.**

If you are unsure if what you have experienced comes under one of the crimes listed above, take a look at the categories listed in the petition for an injunction for protection against domestic violence to see if any apply to you. If so, you may be eligible for an injunction:

_____committed or threatened to commit domestic violence defined [above]

_____previously threatened, harassed, stalked, or physically abused the petitioner.

_____attempted to harm the petitioner or family members or individuals closely associated with the petitioner.

_____threatened to conceal, kidnap, or harm the petitioner's child or children.

_____intentionally injured or killed a family pet.

_____used, or has threatened to use, against the petitioner any weapons such as guns or knives.

_____physically restrained the petitioner from leaving the home or calling law enforcement.

_____a criminal history involving violence or the threat of violence (if known).

_____another order of protection issued against him or her previously or from another jurisdiction (if known).

_____destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to the petitioner.

_____engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.***
* F.S.A. § 741.28(2)
** F.S.A. § 741.30(1)(a)
*** F.S.A. § 741.30(3)(b)

 

[Proserpina]

Thank you Proserpina for pointing that out, I knew about the whole age of consent thing from before, im not worried about that.

Lying technically isn't a crime. Right?

Yes i did help her cut class, but it was a mutual decision, i didn't kidnap her or anything... but still that is basically what I'm worried about. I'm seeing a lawyer tomorrow to see if he can give me any advice.

I need definite answers to the questions i posed earlier.

Upon searching the internet I came across the guidelines for obtaining a restraining order in Florida.


These are some more...

These are just two reasons:

_____attempted to harm the petitioner or family members or individuals closely associated with the petitioner.

You contributed to the delinquency of a child - a valid reason to ask for a restraining order.

_____threatened to conceal, kidnap, or harm the petitioner's child or children.

She is legally a child. You concealed her whereabouts. That in itself is enough reason.

The fact that she agreed to cut school isn't the point - in the eyes of the law, she is not legally able to make such a decision. You are the adult here - not she.

See what I'm saying?

 

[Gracie3787]

i will stay away but what about my other questions?

Does every applicant for a restraining order get a hearing? or is there a clerk or someone who reviews the paperwork and decides who gets a court date or not?

This is how it works in FL-

Parents file a petition for a restraining order. At that time the petition will be sent to the Judge, the Judge will decide whether or not to issue a TEMPORARY order. In your case, with the alleged victim being a minor and you being an adult, it is almost a guarantee that the Judge will issue a temp order.
The order will be served on you with a summons attached, the summons will have a court date of no later than 15 days after the order is issued.

At that court date is when you can appear and give your testimony and evidence as to why the temp order should not be made permanent.
If you wish you can hire an attorney, which under the circumstances would be a very good idea.