no contact order (is this the right place?)

[Tamee]

What is the name of your state? Idaho
There has been a no contact order issued for my boyfriend, Axyn, against me. However, I have been served NO papers. Is this legal? He was put in a juvenile correctional center 10 days or so before he turned 18. Can the state issue such an order, or would it have to have been initiated by his parents?

Longer story:
I had his baby on May 11th, and on May 30th, a no contact order was signed by a judge, saying specifically that he was not to have any contact with me. I found out by calling Axyn's group leader because I had not received any mail from Axyn in a few weeks and was curious as to why. I know for a fact that he did not want a no contact order issued. We have a very open and communicated relationship and there are no troubles with us personally. When I called his mom and asked her about it, all she seemed to be concerned with was that I get a paternity test to determine whether or not the child belongs to her son. His parents have never liked me and I would not be surprised if they initiated the order. Again, I have NO papers about this order.

PLEASE can anyone help me with this?! I have another day or so before I can go to the public defender's office and the courthouse and I want to find out as much as I can as soon as I can.

 

[seniorjudge]

What is the name of your state? Idaho
There has been a no contact order issued for my boyfriend, against me, by his parents. However, I have been served NO papers. Is this legal?

Longer story:
My boyfriend, Axyn, was put in a juvenile correctional center 10 days or so before he turned 18. I had his baby on May 11th, and on May 30th, a no contact order was signed by a judge, saying specifically that he was not to have any contact with me. I found out by calling Axyn's group leader because I had not received any mail from Axyn in a few weeks and was curious as to why. Can the state issue such an order, or would it have to have been initiated by his parents? I know for a fact that he did not want a no contact order issued. We have a very open and communicated relationship and there are no troubles with us personally. When I called his mom and asked her about it, all she seemed to be concerned with was that I get a paternity test to determine whether or not the child belongs to her son. His parents have never liked me and I would not be surprised if they initiated the order. Again, I have NO papers about this order.

PLEASE can anyone help me with this?! I have another day or so before I can go to the public defender's office and the courthouse and I want to find out as much as I can as soon as I can.

Q: Can the state issue such an order, or would it have to have been initiated by his parents

A: Yes and yes.

 

[rmet4nzkx]

If you are the protected party, you are not served, your boyfriend or his agent would be served.
How old are you? Have your filed to establish paternity or did the putative father sign an acknowledgement of paternity? You can go to the county court house and check the file and see exactly what is happening with this protective order and if there are any court dates, who initiated it etc. Then you need to go to the family court and begin paternity, custody and child support proceedings.

 

[Tamee]

Q: Can the state issue such an order, or would it have to have been initiated by his parents

A: Yes and yes.

well, what does that mean?

If you are the protected party, you are not served, your boyfriend or his agent would be served.
How old are you? Have your filed to establish paternity or did the putative father sign an acknowledgement of paternity? You can go to the county court house and check the file and see exactly what is happening with this protective order and if there are any court dates, who initiated it etc. Then you need to go to the family court and begin paternity, custody and child support proceedings.

I'm 20 and I just sent the paternity paperwork in to get things started. but can they issue a no contact order just because they don't know the paternity of the child? I was able to write to him for three months before I had the baby. my main concern is whether or not it was his parents who did it and whether or not we can get it dropped, since he's 18. so they don't have to serve me papers? that doesn't make sense to me if they really want absolutely no contact. I'm going to go to the courthouse and the public defender's office on Monday. paternity of the child really has nothing to do with whether or not I should be able to write to him.

 

[rmet4nzkx]

When did he turn 18?
Why is he in Juvie?
How old was he when you first starting having sex?
Obviously he was under the age of 18 when you had sex, thus have by your own admission had sex with an underage child, who cannot give their consent. You may be charged with a number of criminal offenses. The restraining order may have been issued by the court as mandated and eventually you will get served but the order is still valid.
Be that as it may you should still proceed with the paternity action since it is already started.
Idaho Law:

Please reference: http://www3.state.id.us/cgi-bin/newidst?sctid=180090018.K

for more information on Idaho Statutes for Title 18 (Crimes and Punishments) and Chapter 9 (Assault and Battery ).

REMEMBER: In the State of Idaho Consent CANNOT be given to the sexual act if the person is:

1. Under the age of 18 years

2. Coerced by the use of or threatened use of force

3. Under the influence of a mental disorder, drugs, alcohol, sleep or any other similar impaired state.

4. Is intentionally deceived as to the nature of the act.

 

[Shay-Pari'e]

I guess she didn't like hearing that Rmet.

 

[rmet4nzkx]

I guess she didn't like hearing that Rmet.

She loged off before I posted the last response. Maybe she has to take care of her baby.

 

[Tamee]

When did he turn 18?
Why is he in Juvie?
How old was he when you first starting having sex?
Obviously he was under the age of 18 when you had sex, thus have by your own admission had sex with an underage child, who cannot give their consent. You may be charged with a number of criminal offenses. The restraining order may have been issued by the court as mandated and eventually you will get served but the order is still valid.
Be that as it may you should still proceed with the paternity action since it is already started.
Idaho Law:

Please reference: http://www3.state.id.us/cgi-bin/newidst?sctid=180090018.K

for more information on Idaho Statutes for Title 18 (Crimes and Punishments) and Chapter 9 (Assault and Battery ).

REMEMBER: In the State of Idaho Consent CANNOT be given to the sexual act if the person is:

1. Under the age of 18 years

2. Coerced by the use of or threatened use of force

3. Under the influence of a mental disorder, drugs, alcohol, sleep or any other similar impaired state.

4. Is intentionally deceived as to the nature of the act.

yeah i know all that, but it doesn't matter. he went to juvie on Feb 17, turned 18 on feb 29 and the order was issued may 30th. he's in there for probation violation, drug stuff. he was on probation for some kind of assault charge. ( I don't remember exactly what they call it) there's no reason for the state to not allow me to have contact with him.

 

[CdwJava]

there's no reason for the state to not allow me to have contact with him.

Apparently the state would diagree.

There could also be a child molestation or statutory rape charge pending against YOU because of this, and the court might have initiated the protective order as part of that process.

So, if for some reason HE is restrained from contacting YOU, then you had best stay away from him before you get him violated on this all new matter.

- Carl

 

[Tamee]

Apparently the state would diagree.

There could also be a child molestation or statutory rape charge pending against YOU because of this, and the court might have initiated the protective order as part of that process.

So, if for some reason HE is restrained from contacting YOU, then you had best stay away from him before you get him violated on this all new matter.

- Carl

we love each other and have a month old child together. I can't accept just staying away from him for superficial reasons. his group leader even suggested I should push it.

i lived with him and his parents for four months before he got in there and they were even going to help pay for our wedding. I don't see why they would now decide to press child molestation or statutory rape charges, but, honestly, I wouldn't put it past them. Could the state actually initiate those charges?

 

[CdwJava]

we love each other and have a month old child together. I can't accept just staying away from him for superficial reasons. his group leader even suggested I should push it.

The group leader overstepped his or her bounds.

Whether you want to accept it or not, it is fact - and, apparently, a matter of law.

If HE is the restrained party than HE needs to get an attorney and fight it. I suppose you can hire one for him if you can afford it.

Could the state actually initiate those charges?

Absolutely! They have a child that was conceived by a minor with an adult ... there is no better evidence than that. In my state we call that great evidence.

- Carl

 

[Tamee]

The group leader overstepped his or her bounds.

Whether you want to accept it or not, it is fact - and, apparently, a matter of law.

If HE is the restrained party than HE needs to get an attorney and fight it. I suppose you can hire one for him if you can afford it.


Absolutely! They have a child that was conceived by a minor with an adult ... there is no better evidence than that. In my state we call that great evidence.

- Carl

well someone needs to fight it. i just don't know how to let him know that HE CAN fight it.

 

[CdwJava]

well someone needs to fight it. i just don't know how to let him know that HE CAN fight it.

Hire an attorney for him, and have the attorney get in touch with him.

Or, consult an attorney of your own and see if there is anything you can do about the issue. But, I'm gonna guess that this is a precursor for a prosecution for statutory rape. The oddest part is if he truly IS the restrained party. Usually I would think it would be YOU who was the restrained party. Unless, of course, the order IS against you and you just have not yet been served.

- Carl

 

[Tamee]

Hire an attorney for him, and have the attorney get in touch with him.

Or, consult an attorney of your own and see if there is anything you can do about the issue. But, I'm gonna guess that this is a precursor for a prosecution for statutory rape. The oddest part is if he truly IS the restrained party. Usually I would think it would be YOU who was the restrained party. Unless, of course, the order IS against you and you just have not yet been served.

- Carl

there's no way I can hire an attorny for either one of us. I just talked to his mom and it turns out the no contact order is from something that happened two years ago and was supposed to be in place the whole time. I guess there was a lapse in it and she says now the judge put it in place again. but I'm thinking she probably is the one who told the judge to do it, otherwise why would it come up again all of a sudden. the judge just now "remembered"? I don't think so.?

would a public defender be able to help me? tomorrow I go to the courthouse and the publice defenders office to get more specific information.

 

[CdwJava]

If you have not been charged with a criminal offense, the public defender's office is not going to do anything for you.

And, yes, judges CAN just do something. if they find a lapsed order, and then have an epiphany as to the situation (a juvenile and an adult) they certainly can do that.


- Carl