Friday, October 16, 2015

Can Parents of a 15 y/o Girl use the Law to Stop her from Dating a 19 y/o Boy? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:      We are parents of a 15 year old girl who wants to date a 19 year old boy.  We do not want this. Is the law on our side in Ohio?  The age difference for them is 3.5 years.

A:     Chosen as "Best Answer" by Asker on


Best Answer
chosen by asker
Answered I am not an OH lawyer so I cannot comment on matters of OH law or procedure, but, having been a practicing criminal defense attorney for nearly a quarter of a century in Miami, I can tell you that In Florida gender is irrelevant. What is relevant is age, and, depending upon the age, then consent.  While the rules may very well be different in OH I suspect that there are similarities so I will share what I know of FL law with you and suggest that you a) apply that understanding to your situation b) in light of what my OH colleagues explain as the controlling law, rules and procedure in your jurisdiction.

In FL, a 16 or 17 y/o can, legally / lawfully, consent to sexual relations with someone who is 23 or younger. In FL, 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 either 24 or older or younger than 16, 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 FL 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 FL 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 FL 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.

While I'd bet that OH has similar provisions, again I am not an OH lawyer and you are best advised to find a Granville, OH area criminal defense lawyer, engage in a meaningful consultation and get some advise which is legally sound and has been custom tailored to meet your needs in your unique case.

I hope that I have been helpful in answering your question.
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