Restraining order by a minor against another minor?

Question

My son was attacked last night by another minor. This attack was unprovoked (with witnesses confirming this). This attack was also not the first time this boy attacked my son.

We filed assault charges last night but my husband and I are now thinking that a restraining order might be a good idea.

What is involved with getting as restraining order and are there any specifics that I should be aware of since this is a minor filing against another minor.

Answer 1

A restraining order is just a document that tells the restrained he cannot come with a certain distance of the complainant (your son). If they are in the same school, the restrained will be forced to transfer.

To get one, the officer who took the assault report may be able to help. An attorney will be able to help, and even legal aid could help.

Answer 2

You can contact a lawyer for help or do it yourself.  Go to your local courthouse and see if they have a restraining order clinic.  Basically, you buy a package of papers that you fill out.  You must articulate the reason you want a restraining order and a judge has to read it and agree there is a good reason to issue one.  If one is issued, a copy has to be served on the restrained person.  The restrained person can contest the order in court.

I'd contact a lawyer and take legal action against the parents of the minor who attacked your son.  That should cover everything.  The parents probably have homeowner's insurance that will pay your legal costs and damages if you win any from the lawsuit.

The restraining order might help prevent something in the future, but a nice civil suit will address what happened very nicely.  Spend the money to start the process if you can afford it just for the peace of mind and control over the situation such an action provides.  You can take complete control of the situation.  The police aren't going to do much anyway and kids are just not punished in the system.  You already know that.

Your lawsuit will protect the next victim as well because it really proves the parents knew their kid was dangerous.

Answer 3

The police should be able to advise you.  You've already filed assault charges, so call the officer who helped file that charge.

Answer 4

I agree with Barry M.

As for getting the order you as the parent will be filing, You will simply present the judge with the evidence and he will make a judgment as needed. Good luck!