A minor can request a domestic violence restraining order against an adult or another minor. There is no age requirement for filing a domestic violence restraining order in California. Under specified circumstances, a minor may appear in Domestic Violence Prevention Act (DVPA) proceedings without counsel and without a guardian ad litem. However, a minor under age 12 seeking or opposing protective orders can only appear in court if they are accompanied by a guardian ad litem or counsel. A minor who is at least age 12 may appear in court without counsel, a guardian or guardian ad litem for the purpose of requesting or opposing a restraining order.
In order to file for a domestic violence restraining order, there must be a certain type of relationship in order for the restraining order to be valid under the Domestic Violence Prevention Act. The Act indicates that those entitled to protection include the following: a spouse, cohabitant, dating/engagement relationship, coparent, child, and blood relatives. Therefore, for example, a minor child can file a restraining order against another family member, step parent, etc.
In order to be successful in obtaining a domestic violence restraining order, it is important to base the request on who actually suffered the harm. Therefore, if the minor suffered the harm, the minor has to be listed as the person requesting the restraining order. The reasoning behind this is because a parent cannot file for a restraining order on behalf of their child unless the parent also suffered some injury of harassment, violence, etc. that would enable them to get the restraining order.
The Domestic Violence Prevention Act is very complicated. If you or a loved one has a family law issue, it is important that you talk to an experienced Southern California family law attorney. At Wallin & Klarich, our attorneys have over 30 years in handling all types of family law matters. Our attorneys will assist you in requesting your restraining order to make sure that the request is done properly. If the request is not proper, the court will deny the restraining order and you will not be protected by the law. Our attorneys will fight to get you the best possible result in your case. Call us today at (888) 749-7428. We will be there when you call.
