So it's come down to a restraining order!

[WillMc88]

I have a very good friend going through a very tough situation. =/

My friend is 18, and his boyfriend is 15.
Just recently, his boyfriend's parents have placed a restraining order on him, that he doesn't have any contact with their son. =X

... So basically, they can't speak again until he turns 18...?
I was wondering, however, if there's anything he can do once he turns 16?
Maybe, some way he can revoke the restraining order himself.

I heard from somebody that once a child is 16, they can choose to live wherever they want, be it with a parent or otherwise. So it seems to me that something could be done about this.

Any help is greatly appreciated!

I've already done some research but didn't quite know where to look.
And I live in Florida, btw,

 

[Orlandude]

In the State of Florida, as in most states, all of this is tied to the Age of Consent and that age varies from state to state. Florida says the Age of Consent is 18. HOWEVER, (and this is a quote from the Florida Age of Consent Law)...."the age of sexual consent is 16 for adults under the age of 24... or if the adult under the age of 24 or older and is married to the minor."

Try to figure that out. Of course, Florida does not recognize gay marriage as a legal marriage. As for any legal changes that may be possible at the age of 16, you would need to talk with a lawyer. You would also need to know what was the basis of the restraining order. If the one guy is only 15, that is ILLEGAL in Florida. 15 is NOT the age of consent. According to Florida law, if one is 18 (under 24) and the other is 16, they would be WITHIN the law for consent....WHEN the other one turns 16!

For the record, I am not a lawyer and the above is not legal advice. Your friend should talk to the Legal Aid Society about this if he cannot afford a lawyer...and find out what can actually be done, if anything.

 

[JayHew]

Can't say for sure as far as Florida is concerned, but age 16 a person can be declared emancipated but only if they can show they totally support themselves, attend school or have dropped out. The order of the day is that the youth can take care of themselves, otherwise the parents are responsible to provide food, shelter and clothing with physical safety. If that is being provided, doubtful any judge will overrule that situation. Sucks but likely nothing can be done.

 

[looseliam]

There has to be a little more going on here. I don't see courts handing out restraining orders just because some parent gets nervous.

 

[kellyd669]

My friend's daughter emancipated herself @ 15, under the order that she continue to go to school or get her GED, as well as,get and maintain a job for at least 6 months. She never did any of this, but the courts never checked- she lived w/ her father when this happened and he could have hd the order revoked, butI just don't think he cared.
As far as the age of consent, several states recently decided, age of consent is 14, as long as their partner is w/in 4 or 5 years of age i.e., he's 15 and his partner is 18 sould be fine. Check w/ your state to see if you are in one that applies.

 

[megustamyn]

I suggest checking with one of the national gay rights organizations – Gay & Lesbian Alliance Against Defamation (http://www.glaad.org), Lambda Legal (http://www.lambdalegal.org), Human Rights Campaign (http://www.hrc.org) – or a local gay community center for some guidance. Florida is one of the worst states for gay people, although some localities offer more protection than others. Thinking as a parent and the grandfather of a 15-year-old, I can understand a parent seeking a restraining order against an adult wanting to have sex with my minor child. However, the age of consent does vary from place to place and the age difference between the partners is a factor in some localities. In my own mind, 15 is too young. I was sexually active at that age but it was with people my own age.

 

[jackoroe]

Your friend is 18 years old. He is an adult. He needs to leave 15 year old children alone and find someone appropriate to his age!

 

[josher]

Does your 18 year old friend realize that, if the relationship goes south, the 15 year old, even at a much later date, could have him arrested and charged with very serious crimes?

I'm not suggesting that WILL happen, but it isn't an impossibility either.

 

[bluedragon4]

you wrote "when the CHILD turns 16...." you were right. He's just a child. His parents maybe right and telling him to divorce his parents for a relationship that will never last is not responsible. The child will regret it one day.

 

[jackoroe]

^But they don't meet the age of consent. If you're 30 and 27, no big deal. 15 is a child. An 18 year old having sex with a 15 year old is statutory rape in some states. The parents are doing this guy a favor by only getting a restraining order and not getting him jailed!

 

[bluedragon4]

That might be true, but thats why I said as long as they are old enough to consent to it. I dont know if they are or not under Florida law.

He's not, just so there isn't any confusion.

 

[SurferBoyKai]

Your friend is 18 years old. He is an adult. He needs to leave 15 year old children alone and find someone appropriate to his age!

it's not legal. it's called statutory rape brah. if i had a son or daughter that was 15, and some 18 year old kept coming around, i'd prolly do the same thing. there's no reason an 18 year is with a 15 year old. mentally, a 15 year old is not as developed as an 18 year old. tell yer friend to find someone his own age brah

 

[rareboy]

The parents are doing this guy a favor by only getting a restraining order and not getting him jailed!

I'd tend to agree.

One question here is that if it were their daughter dating an 18 year old guy, would they slap a restraining order on him or have him arrested for statutory rape?

I do think there are other factors that led the parents to do this in their son's case; perhaps he was a bad influence on their son in other ways.