Can a restraining order be granted without cause? 9 Answers as of July 13, 2011

My family has become very close with an 18 year old girl that my son goes to college with here in CA. My son thinks of her as his little sister. She comes from a very disturbed home in VA, where she lives. Her mother verbally abuses her and uses threats to make her comply. We have tried to help the girl and support her, this has made us an enemy of her mother. The girl now tells us that her mother is filing a restraining order against us to keep us away from her. We have been nothing but loving and supportive of this girl, she is like one of the family. Can this be legitimate, can they file it for her even though she doesn't want it? And can it be done from one state to another without cause?

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Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
If this restraining order was filed in Virginia, then we cannot answer the question since we are not licensed to practice law in Virginia. If the restraining order was filed in California, then this order is possible. In order for the mother to have a restraining order keeping you from her daughter, the mother would have to be incorporated into the restraining order. For example, the order would be keeping you away from the mother, and then listing the daughter as an addition person who needs protection. Since the daughter is over 18, she can file an affidavit with the court to say that she does not want to be included within the restraining order.
Answer Applies to: California
Replied: 7/13/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
At eighteen she is an adult. A restraining order cannot be filed for her by another.
Answer Applies to: California
Replied: 6/30/2011
Kim W. Hansen, Attorney at Law
Kim W. Hansen, Attorney at Law | Kim W. Hansen
There are two types of restraining orders. One is civil usually handed out in family law court. The other is a criminal one handed out in a criminal court usually when a defendant has been charged with domestic violence. What you have described would most likely be issued from a family law court judge.
Answer Applies to: California
Replied: 6/29/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Since she is of legal age, eighteen years old, no one can file a restraining order to protect her unless it's filed by a Judge. A Judge probably wouldn't grant a restraining order based on the facts you have provided.
Answer Applies to: California
Replied: 6/29/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
No, legal cause is required, but you disagreeing with the stated reasons does not mean there is no cause. A RO is issued only by a court where the conduct and charged party resides. If serious about hiring counsel to help you in this IF someone actually files for a RO against you in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 6/28/2011
    Singh Law Office
    Singh Law Office | Kulvinder Singh
    TROs are easy to get and a permanent RO has serious consequences. Hire a lawyer.
    Answer Applies to: California
    Replied: 6/28/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    If the young girl is 18 years old then you have nothing to worry about. In California in the eyes of the law she is considered an adult. This means that she would have to bring a restraining order against you in her own name. She would have sign the documents under penalty of perjury. If the mother files a restraining order for her daughter, you should obtain a statement from her daughter that she does not feel she needs legal protection from you and that should permit you to prevail.
    Answer Applies to: California
    Replied: 6/28/2011
    Law Office of Jonathan I Kelman
    Law Office of Jonathan I Kelman | Jonathan Irik Kelman
    There must be some type of cause for a judge to issue a restraining order.
    Answer Applies to: California
    Replied: 6/28/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    You are entitled to an attorney. If she does file it, and does hire an attorney, you would be well advised to hire an attorney also.
    Answer Applies to: California
    Replied: 6/28/2011
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