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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
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Experience:  19 Years of Legal Practice Experience in this precise field.
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Hello. My question is this as a parent of a minor child, may

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Hello. My question is this: as a parent of a minor child, may I be allowed to seek an order of protection on behalf of my daughter to insure that another minor child ceases to have contact with my child. I live in Illinois. The reason for this action is that I have just learned that my daughter is having sexual contact with her boyfriend and I want it to stop. Can the legal system support this type of request?
Submitted: 4 years ago.
Category: Legal
Expert:  Alexia Esq. replied 4 years ago.

Dear MC,

 

Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know, unless you describe it fully. Also, because you are at this site, you are asking me the question because you want the legal facts, as I see them, even if unfavorable to your situation from a legal perspective. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.

 

That being said, if you would like me to work on an answer for you, and in order to better assist you, could you please clarify for me, in numbered answers if I ask more than one question:

 

1. How old are the kids?

2. What kind of sexual contact are they engaging in?

 

I look forward to getting to work on this for you. Hang in there!

 

 

Sincerely,

 

S. Joy, Legal Expert

 

Please note: I do not provide legal advice, only legal information; I do not legally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.

 

At times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear.

 

Customer: replied 4 years ago.
Thank you, XXXXX XXXXX assisting me in this matter. To answer your questions, they are both 15 years old, and she has admitted to me that they have had full vaginal/penile penetration, at least ten times. My main concern is not to punish the boy, but to make his parents aware that if they do not agree to stop this behavior, then I will be forced to take other measures. I want it to act as a warning. But, of course, I can only do this if I have the lawful means to do so.
Expert:  Alexia Esq. replied 4 years ago.

I have to tell you, I think this could be a tough one for you. Remember, to go after that boy is opening the door for equal treatment of your daughter. The first question would be, is he or she breaking the law?

 

Actually, yes, as the IL age of consent for sex is 17. However, she is breaking the law as much as he is. So if you want to push it, recognize that you could be giving your daughter a juvenile delinquency record. Also, I'm not finding support for the idea that you can get a restraint on him when she is actually equally responsible for the behavior. I would avoid forcing sex crimes on these kids for their very normal behavior, as it may very well backfire on you. If not him, than perhaps another fellow,and the last thing you want to promote is promiscuity- you could never get restraints put on all teenaged boys, so the dangers of sex are still out there.

 

It may just be that you will have to step up the supervision you provide your child. Where is she engaging in this behavior? At school? Consider putting her in a private school, or homeschooling her where you can keep a closer eye on her. Does your work interfere with that? You may have to hire a 'sitter' for her - sounds crazy, but if you can't trust her to not have male friends over when you are not at home, it may send her a message. If she has free leisure to schedle her own social life, simply ground her. Keep in mind, I'm not saying these will work, but they are options if you can't rely on her to stop having sex based on your request or order.

 

On the other note, you may want to have a sit down with her, explain how you don't like it, but you realize you can't control her every move. Explain how it is purely about your concern for her wellbeing - and make sure she is protected! Consider that providing protection is NOT condoning the action but recognizing that she may not be following your rules all the time,and it only takes one time go contract AIDS, etc., not to mention get pregnant, contract herpes, etc. Decide where you will draw your line - will you push to keep her safe, physically, from her own poor judgment (normal for teens, been there done that), or will you hope and pray she just obeys (and not provide her protection). Personal choice, but we can't go back in time if something goes awry, and we must live with our parenting decisions.

 

Also consider that she came clean with you about her activities - crucifying the boy, and going to far may convince her to not put her trust in you in the future - which can be horrible. She is nearing adulthood yet, and while none of was relish our 15 year old daughter's having sex, it may be that guidance will be your best weapon with this, rather than an iron fist over a situation you probably will not be able to get full control of, short of locking her in closet.

 

Good luck with your decision.

 

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. If you need more detail, please click Reply, not ReList and I will gladly respond. Also, if you exceeded the one question one answer standard, and the expert provided you with answers to your additional questions, BONUS is an appreciated way of saying thank you! This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

Sincerely,

S. Joy, Legal Expert

 

 

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.

Customer: replied 4 years ago.
Thank you Stephanie, I appreciate your answer, I would just like to add a specific question to this.... could I receive an order of protection against this boy to prevent him from coming within a certain distance of my residence? Not because I fear he will do me or my family harm, but because I do not wish him to be near my property. What does the law say about my right to do this?
Expert:  Alexia Esq. replied 4 years ago.

No, not likely, we generally can't get restraints against people on public areas because we don't want them on our property. However, you can prohibit him from coming onto your property and let him know (and your daughter) that you will be pressing trespass charges if he does so. You can set up video monitoring of your own property, and if he comes onto it after being advised he was not permitted there, you can call the police and also file a civil complaint for damages (although the amount of damages set by a jury may be de minimis).

 

Don't get me wrong, you can press charges for underaged sex, but you may cause your daughter to be charged, which would almost be the obvious result, else the prosecutor appear to be discriminating illegally.

Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11737
Experience: 19 Years of Legal Practice Experience in this precise field.
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