Domestic violence does not care how old you are, what your sexual preference is, what color you are, or what gender you identify as. Because anyone is vulnerable to becoming a victim of domestic violence, sometimes children under the age of 18 may seek to file a restraining order against their abuser.
If you or someone you care about has filed a domestic violence restraining order against you, do not wait to secure legal representation. Criminal Defense Attorney Brian Gabriel has over 30 years of experience protecting the rights of Floridians just like you. Mr. Gabriel will handle your domestic violence restraining order case using all of the knowledge and skill he has developed over the span of his triple-decade career.
Filing for a Domestic Violence Restraining Order in Florida When You Are Under 18
Should a child in Florida decide to pursue legal action against their abuser, they have the right to do so by law. Legally, there are no age restrictions when it comes to who can file a domestic violence restraining order in Florida. This is by design to ensure that anyone who is in an abusive situation has the ability to seek legal protection, no matter how old they are.
Minors over the age of 12 have the right to appear in a Domestic Violence Prevention Act proceeding without legal counsel or the presence of a guardian. However, children under 12 are required to have a legal guardian or counsel present in order to file for a restraining order. However, there are also options to protect children who do not have a responsible adult to assist with legal matters.
Children under 18 requesting a domestic violence restraining order in Florida must have one of the following relationships with the person they are issuing the order against:
- Significant other
- Another child
- A blood relative
- Parent’s boyfriend or girlfriend
- Another member of the household
In many cases, the child seeking a domestic violence restraining order is the same person who directly experienced the domestic violence. If they are a minor, another parent or any relative the child trusts—such as an aunt, uncle, grandparent, or another family member—can file charges on their behalf. Minors who do not have an adult they can trust should contact the authorities, as the state will appoint a guardian ad litem to file the paperwork on their behalf.
Did a Minor in Florida File a Domestic Violence Restraining Order Against You?
Having a child under the age of 18 files a domestic violence restraining order against you is emotionally detrimental and could also affect how you live. The moment anyone files an injunction against you is the time you should seek qualified legal counsel. At The Law Office of Gabriel & Gabriel, Criminal Defense Attorney Brian Gabriel will work diligently to protect your rights.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 475-5952. You can also complete an online contact form to learn more.