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My son is 16. For the last 2 years a 15 year old girls

Customer Question
My son is 16...

My son is 16. For the last 2 years a 15 year old girls mother has been helping to get them together every chance they can against our wishes. She sets up secret trysts, hotel rooms, social media accounts, has showed up at locations where she knew he would be and has now given him two phones on two different occasion going as far as to put him on her cell phone plan.

Lawyer's Assistant: Family law varies by state. What state are you in?

She encourages him to sneak out of the house at night and even out of a hotel room where we were staying. She will pick him up to take them back to their hotel or places like the park so they can be alone. What can we do?

Lawyer's Assistant: Have you talked to a lawyer yet?

Texas No we have not We aren't sure where to start

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have told her to stay away from our son and that she does not have permission to pick him up or take him anywhere.

Submitted: 4 months ago.Category: Family Law
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Answered in 3 minutes by:
12/8/2017
Family Lawyer: JD 1992, Lawyer replied 4 months ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Family Lawyer: JD 1992, Lawyer replied 4 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

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Family Lawyer: JD 1992, Lawyer replied 4 months ago

Have you reported this to the police?

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Customer reply replied 4 months ago
No
Family Lawyer: JD 1992, Lawyer replied 4 months ago

That's your first step then. Report it to the police and let them investigate.

The police or the DA may decide that the case can't be prosecuted for one reason or another. If that happens then you can turn to a civil attorney and pursue an injunction against her. However, injunctions are expensive and the police don't cost anything and are usually effective so that's just one reason to go to them first.

Injunctions are extremely complex which is what makes them expensive.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

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Customer reply replied 4 months ago
are you saying I should contact the police?
Family Lawyer: JD 1992, Lawyer replied 4 months ago

Yes, contact the police and see if they will take a report and investigate. Even if they decide not to file charges against her and you end up having to hire a private lawyer the lawyer can get their investigation and that will save you money.

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Family Lawyer: JD 1992, Lawyer replied 4 months ago

Plus, it is a lot scarier for her if she knows she is being investigated for criminal activities.

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Family Lawyer: JD 1992, Lawyer replied 4 months ago

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

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JD 1992
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Began practicing Family Law in 1992

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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