Can I dispute a false restraining order given by my girlfriend’s parents because they don’t like me?
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Can I dispute a false restraining order given by my girlfriend’s parents because they don’t like me?
My girlfriend’s parents have threatened me with a restraining order if I continue to have anything to do with her. I’m 16 and she recently turned 15. I’ve always treated her right and would never harm her in any way. Lately her father gained access to her Facebook account and read some of our conversations involving having sex. I’ve never pressured her, but we’re teenagers so it was bound to come up. Now both parents think I don’t care about her and just want to get into her pants. What do I do if the restraining order is placed? Is it legit? Can it be disputed?
Asked on September 9, 2011 under Accident Law, Minnesota
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your girlfriend's parents as long as she is a minor have every right to protect her as her legal guardians including an attempt to obtain a retraining order against you from having anything nto do with her. The problem is that if you go to the same school and attend the same events as her the order assuming it is granted may be overbroad and infringe upon your own rights to do things.
If a petition for a restraining order is sought against you by your girlfriend's parents, your options are to oppose it and attend a hearing regarding it or not oppose it and have a default as to the proceeding taken against you.
It is your right under your state's constitution as well and the United State's Constitution to have an opportunity to dispute any petition filed against you for a restraining order. Since you are a minor, you most likely will need to have one of your parents attend the hearing.
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