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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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My daughter who is 15 yrs old has been having contact with

Customer Question

My daughter who is 15 yrs old has been having contact with a 20year old boy. She has tried to run away once to be with him and not succeeded. She called the police out to our home yesterday saying that we were holding her hostage. The police have said that she has to abide by our rules until she is 18yrs of age. I have been advised by the police to get a restraining order out on this guy with a power to arrest on the order. Please can you advise me of the best way to go about doing this and where I can get this done ASAP as she keeps threatening to run away with him and as the police have said every time she runs away they will track her down and bring her back home and they will continue to bring her back until she is the age of 18 yrs. I really would appreciate your help and guidance in this matter.
Many thanks XXXXX [email protected]
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

On what basis have they suggested getting a restraining order? I presume she goes with him willingly?
Customer: replied 3 years ago.
Yes she does go with him willingly but she is only 15 yrs of age and he is 20 yrs old. Abigail does not grasp the fact that she has to abide by her parents rules up until the age of 18yrs old. He is known to be violent short tempered he takes drugs ie cocaine and dope. He also took advantage of my daughter who had just turned 15 yrs old and had sex with her.
Expert:  Jo C. replied 3 years ago.
Yes, I understand your concern about this but one what basis are they suggesting that you seek a restraining order?

Is she willing to support such an action?
Customer: replied 3 years ago.
All she sees is that she is in love with him and wants to be with him. But knowIng his track record and as parents I do not want this for our daughter.
Expert:  Jo C. replied 3 years ago.
Thanks.

Is there any evidence in recordable form that they are having sex or that he has been violent towards her?
Customer: replied 3 years ago.
Our daughter told us last August that she had, had sex with her and she also run up a £3000 mobile phone bill. I do not think that he has been violent to her as yet but I do believe if she got with him he would be but she will not be given the chance to experience this. I did speak to his ex-girlfriend of 3 weeks and she has told me stories of what's happened and the last incident he grabbed her by the hair dragged her across the street and smashed her head into a car window. The said guy is or was my best friends step son and my husband and I have witnessed his outrageous behaviour many a times. He drinks too much always gets into fights and the last time we saw him he got drunk had arrow with his girlfriend at the time took her car keys and drone her car down the high street at 100mph and wheel spun the car. God knows how he dint crash. This is not what we want our daughter to end up with as she is still only 15 yrs old and very Nieve.
Expert:  Jo C. replied 3 years ago.
Thanks. I understand he is a bad influence but what I need to know is firstly whether she wants a restraining order and secondly, if not, has she made any allegations to the police about him upon which you could rely?
Customer: replied 3 years ago.
She does not want a restraining order because she loves him and wants to be with him but she is 15yrs old. She told the police that she has had sex with him and that she will run away to be with him. She has tried to phone him sneakly but been caught out on all accounts. At 15yrs old she is still classed as a minor. She does not want to give the police the guys details as he could get into serious trouble.
Expert:  Jo C. replied 3 years ago.
Thanks.

Im afraid the police have been rather optimistic here.

It is certainly possible to take out restraining orders on behalf of your children. It is fair to say that its a lot easier to get them with much younger children. The practical reality is that a Court would be reluctant to grant it with an unwilling 15 year old. The only reason you have any chance at all is that if she is 15 and he is 20 then that is a large gap in age bracket.

You do have to prove that he presents some danger to her. If they are having sex then that is a realistic option because of the gap in age.

If she isn't supportive though then you will have to rely on CRIS reports arising from what she told the police on other occasions and thats not the best evidence.

You do need to bear in mind though that the police are wrong if they have told you that they will bring her back upon your request until she is 18. If you are in the UK then as soon as she is 16 she is free to go where ever she likes and have sex with who she likes I'm afraid.

You can get an injunction preventing him from attending your house easily enough though on your objection alone.

Can I clarify anything for you?

Jo

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