Restraining Order?

[Toby_16]

What is the name of your state?What is the name of your state? Texas

I am sixteen, and my girlfriend is seventeen. But, she will turn 18 in September, and I will be 17 in September. Her parents are very religious and dont like me for whatever reasons- I cannot fathom?! Anyways, they want to keep me away from her, by law- not allowing me to see her, and I have recently learned that there is such a thing as a restraining order. The idea really pisses me off, and I want to know all I can about restraining orders. I want to know if I can talk to her on the phone, or if I can see her if she isnt at her house- that sort of thing. Any information would be appreciated, and if you are a flamer, well, screw you ahead of time!

 

[CdwJava]

If a restraining order is issued, it will likely say "no contact" - which would mean NO CONTACT. No phone calls, no smoke signals - nothing.

However, since she is about to turn 18, that issue might be moot since she could always move out of her house and spend time with you ... and risk her own freedom if she violates any TX state laws regarding sexual relations or contact between an adult and a minor.

Then the question might be, is she willing to sacrifice living at home to be with you? Unless that is her plan anyway, she might not make that choice if her parents present that as the option.

Carl

 

[Toby_16]

Oh, I forgot a big piece of information, here. She is "adopted" by her aunt, who she calls Mom. However, she isnt really legally adopted nor is her aunt her legal guardian. Her father sexually abused her when she was young and it was found out. So, her father sent her away from Ca. to Tx. with her aunt, at four years of age. I dont know why she didnt know this, but she only recently found out that she wasnt legally adopted. Duh! The difference in last names. She found out because she asked her parents about it when she didnt believe me, and now they want to legally adopt her. She will not accept that, because she pretty much hates them. Mainly she hates her "step-dad", actually her uncle, because he is verbally abusive to her (the only non-religious one in the family). I wish she would leave them right now because of him; I know that you can leave home, legally, in Tx. when you are 17. She is set back two years in high school, but she is determined to finish. As soon as she finishes high school, she plans to move out and get back with me, even if it means living with a friend... Anyways, I think that would be pertinent in understanding the situation, to give advice. Thanks.

 

[Tayla]

Please define on what premise (grounds) this restraining order can be granted? I didnt read where you were abusive, stalking, harrassing or otherwise intimadating the family or soon to be adult lady. Seems to appear that you are merely a decent friend looking out for her wellbeing. Please clarify the following: Toby_16 wrote:She is "adopted" by her aunt, who she calls Mom. However, she isnt really legally adopted nor is her aunt her legal guardian" Oy vey dude! Do you see how circular that sentence was! Is she an adopted unadopted person not be confused with an orphan.?

 

[Toby_16]

She is not adopted by her aunt. Her aunt simply doesnt like me. I can count on one hand how many times I've spoken to her, and I've been very polite to her! She's just a pain. I was wondering if they need to have a reason, like you said, to get a restraining order. I know of [ahem] certain reasons her aunt could use against me, but her aunt doesnt know(never will) what has happened between my g/f and I.

 

[Tayla]

She is not adopted by her aunt. Her aunt simply doesnt like me. I can count on one hand how many times I've spoken to her, and I've been very polite to her! She's just a pain. I was wondering if they need to have a reason, like you said, to get a restraining order. I know of [ahem] certain reasons her aunt could use against me, but her aunt doesnt know(never will) what has happened between my g/f and I.

1: yes a reason must be given that meets the parameters to gain a restraining order. That is, but not limited to: verbal abuse,physical abuse,harrassment,stalking Most times a judge will ask for evidence to be produced or witness's who can attest to such. A temporary restraint can be implemented then a "order to show just cause" where a hearing would prevail. Each side would then be able to state their case. An Affidavit can be used.
2: Until you are served and any action has been implemented, jumping the gun on "what ifs" is only going to exasperate matters. I would suggest that you openly speak to your own parents/guardians so they can be prepared if such a case does materialize.