Restraining Order Against a Minor

by | Jan 6, 2020 | Firm News, Florida Family Law

What are the rules to serve a minor (8 years old) a restraining order? Can they serve without a parent present or can it simply be an adult? Can they come to school or the aftercare facility to serve? How many times can they attempt to serve? Can they mail it to the house, or does it have to be served?

Where the abuser is a minor (under 18), you need to petition the court naming the minor as the defendant. You cannot name the minor’s parent, guardian or the person who has legal custody as the defendant.

Additionally, when the abuser is under the age of 16, you must serve the appropriate court paperwork, to the abuser and his/her parent, guardian or the person who has legal custody of the abuser.