Can a family member file a restraining order on a person on behalf of another family member?

We have a family member who is ill and in a detox rehab program. We want to know if we are able to legally file a restraining order against his girlfriend who has beaten him up and previously assaulted his daughter. They both have substance abuse issues and he has been checked into detox but the woman will not go away and he has refused in the past to file charges against her. We want to file the

restraining order for our family member.Is this possible?

Asked on March 10, 2017 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, assuming this family member is an adult (and not your minor child) you cannot file a restraining order on his behalf, unless he has been declared legal incompetent by a court and you appointed his legal guardian(s). A legally competent adult must seek his own restraining orders if he wants one; one adult may not seek or file for a restraining order on behalf another competent (even if ill) adult.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, assuming this family member is an adult (and not your minor child) you cannot file a restraining order on his behalf, unless he has been declared legal incompetent by a court and you appointed his legal guardian(s). A legally competent adult must seek his own restraining orders if he wants one; one adult may not seek or file for a restraining order on behalf another competent (even if ill) adult.


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