Can I dispute a false restraining order given by my girlfriend’s parents because they don’t like me?

UPDATED: Sep 9, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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