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Speak Up! - View Question #441 |
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Question: My 17 year old brother has a restraining order to stay away from his ex girlfriend who is a student at his school. They say that he is not allowed at school or school activities. He has not been able to go to school for 2 weeks. Can he get arrested if he goes back to school?
Answer: If the order says that he cannot have contact with his ex-girlfriend at school and that he is not to go to the school, her work or her home, then he has to comply with the order. If he violates the order he can be found in contempt of court, and he can be charged with a new crime of Interfering with Judicial Proceedings for failing to comply with the court order. However, as a party to the order, he can make a request, in writing, to the court to modify the order of protection so that he can attend school. He will need to make the request in writing to the court, explaining what he wants and he may need to prove that he was or is a student at that school and has been attending school regularly before the order of protection was entered. If he wasn't attending that school before the order of protection was entered, the court may not allow him to attend it now.
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| 6 thru 8 of 8 comments |
On 06/28/03
Richard from UT said:
First thing, file with court to have the order modified.
Second, if they won't change it, then get an attorney, as only an attorney from your area can really help you.
Your attoney may choose to file for a restraining order against her. Filing it on grounds that she is interfering with your right to attend school. Have that order specifically restrain her from going with in 200 feet of your school.
At this point her parents will either request that her order be dropped or modified. The main point here is get an attorney.
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On 02/26/02
Casey from CA said:
Heck then if they didn't students could file restraining orders against each other to stay out of school.
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On 12/07/01
mary from CA said:
Usually the person who filed the restraining order protects must move, because law requires every minor to go to school.
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