Answer: There is no minimum age requirement to file a restraining order. Restraining orders can be filed by minors as well as adults.
Step-by-step explanation:
However, there are some additional considerations for minors filing a restraining order:
• Minors must have permission from a parent, guardian or legal counsel. In most places, a minor cannot file for a restraining order on their own behalf. They need approval from their legal guardian.
• Minors may face additional evidentiary requirements. Courts may require additional evidence that the alleged abuse poses a serious threat before granting a minor a restraining order. Verbal or physical abuse that is severe enough to warrant protection may need to be demonstrated.
• Courts can appoint a guardian ad litem. If there are concerns about a minor's well-being or the interests of their legal guardians, the court can appoint an independent guardian ad litem to review the case and determine if a restraining order is appropriate and in the best interests of the child.
• Restraining orders can name both minor and guardian. Some courts may issue a restraining order that protects both the minor and their guardian(s) from abuse and harassment. This can help ensure the safety of the minor.
• Minors can file for restraining orders well into their late teens. While younger minors typically need more approval and evidence, teens aged 16-18 often have more legal authority to file independently or with limited guardian consent. But there is variation between states and courts.
In general, any person fearing abuse, harassment or violence from another individual can pursue a restraining order, regardless of age. But minors do face some additional considerations and may require more approval and evidence, at least for younger ages. With the support of advocates, counselors or law enforcement, minors of any age can take legal steps to protect themselves through restraining orders if needed.