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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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| Comments |
| 1 thru 5 of 8 comments |
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On 09/01/06
not telling from AZ said:
if your brother cant go to school tell him to try online school. theres arizona virtual academy and primavera and primaveras pretty good. I dont know about arizona virtual academy though
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On 04/09/06
Jamale from MI said:
im sorry for saying this but your bother may have to
transfer to another school. because i think that there is no way around the restraining order i
think (but im not sure) that if he can prove that the restraining order was wrongfully placed against
him he maybe able to return to his school.
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On 12/05/05
ashley from IN said:
i know a 17 year old who is physically,emotionally,and sexually abused sometimes by her mother's boyfriend. her mother will is in denial and will not get a restraining order for her, so can this girl go ot court and get one for herself against her mother's boyfriend?
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On 12/09/04
Courtney from AZ said:
Recently, I got into trouble that resulted in a minor car accident, accusations of assault and domestic violence, and one night in a juvenile jail center. I had a short trial with a judge that ruled I had a number of requirements to fulfill, including to continue attending school. However, due to the current restlessness, I have been withheld from school, by my parents, for five school days. My question is: Are my parents legally allowed to refuse to allow me to attend school, despite my legal rights and the judge's order??? I am an excellent student (3.87 GPA, 6.5 HPA) but home's the problem.
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On 06/07/04
Alexis from IL said:
That is denying him an education.That is a right of an American.He should be able to go to school.
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