Thursday, June 4, 2015

I'm 17 & If my mom doesn't like my 19 y/o b/f can she press charges? ~ "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Can my mom press charges on my boyfriend (19) , I am (17) , because she doesn't want me with him or doesn't like him?  I'm 17 , my boyfriend is 19 , we've been dating for 2 1/2 years now, And my mom doesn't like him, doesn't want me dating him, no contact with him at all.  Since August of 2014 we've been keeping it a secret. We plan on talking to her in July about us dating and that we never stopped talking and our feelings for each other and that we Still plan on being together regardless of her opinion. And I'm afraid she'll potentially press charges because I'm under 18 and he's 19 . Or have him arrested. Is it illegal for us to date , be together, see each other ? Can she press charges on him because I'm a minor ? Need all the help I can get!

A:  Chosen as "Best Answer" by Asker on AVVO!

Best Answer
chosen by asker
Answered Yes. You are a minor and like it or not you are subject to your parents rules.

That said in Florida when it comes to minor and sex gender is irrelevant. What is relevant is age, and, depending upon the age, then consent.

A 16 or 17 y/o can, legally / lawfully, consent to sexual relations with someone who is 23 or younger.

If you are younger than 16 then your consent, no matter how heartfelt, is legally insufficient and will not be a factor in an ensuing criminal prosecution. Similarly, if you are able to consent (if you are 16 or 17) but you have sexual relations with someone who is 24 or older, then your consent is similarly legally insufficient and will not be a factor in an ensuing criminal prosecution.

That said (shy of falsely imprisoning or securing chastity equipment), while family cannot stop a minor who is legally capable of giving consent from doing so, the legal guardian of a minor can seek protection from the Court on the minor's behalf and against the minor's will in the form of a restraining order / injunction for protection.

If the Court believes that it is in the minor's best interests to issue the order of protection then it can lawfully preclude any contact, direct or indirect, between the minor and the up to 23 y/o sexual partner. Any violation of such a Court Order will result in immediate incarceration and an independent criminal prosecution.

Whether or not a Judge would issue such a stay away order (a permanent one anyhow) is subject to the minor being able to speak her/his mind, and, naturally such a course of action, if pursued, is likely to drive a significant wedge into any familial relationship.

That's the law. Its black and white. No exceptions. No excuses. No wiggle room. If either the minor is under 16 or the adult is over 23 the its a 100% "NO", and if both parties consent and fall within this age range then, for many reasons, it remains a delicate situation.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


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