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Pennsylvania Juvenile Law Questions & Answers
2 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Pennsylvania on
Q: My grandparents are threatening to put a restraining order my boyfriend, but they dont have custody of me, I'm 16 hes 17

they are threatening to put a restraining order on my boyfriend because he is black and they don't want me seeing him, they are trying to say he put his hands on me but never did. I live under there roof but they do not have custody of me.

my mom knows my boyfriend and likes him. She... Read more »

Cary B. Hall
Cary B. Hall answered on Jun 18, 2018

Sounds like a rough situation you're in - sorry to hear it. The only "restraining order" your grandparents might be able to obtain against your boyfriend is a Protection from Abuse Order, with them filing on your behalf (since you're a minor). They'd have to swear under... Read more »

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1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: I need some help.

My buddy said he was breaking off contact with the 13 year old girl he was talking to and blocking her. She said “fine I’ll go kill myself”. He gave her the suicide hotline number and the blocked her. He asked me if he could be charged with anything, and I said I don’t know. So if she... Read more »

Cary B. Hall
Cary B. Hall answered on Jun 10, 2018

Your buddy has not committed any crimes based on the facts you've described.

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: Can my buddy be arrested?

He is 18 asked a 13 year old girl out but that was before he knew her age. He then told her "if she wanted to date they could". He also sent her a picture with no shirt on but from the pecs up (nipples can't be seen, he also only had a shirt off). Now he is worried she could tell the... Read more »

Cary B. Hall
Cary B. Hall answered on Jun 5, 2018

I believe I already answered this same question posted in another section here.

The general answer to "Can he be arrested?" is yes -- anyone can be arrested for anything. It happens all the time. Mistaken identity, false charges, etc. Just because someone is arrested...
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1 Answer | Asked in Child Support and Juvenile Law for Pennsylvania on
Q: Is it legal for a 15 year old date a 18 year old
Cary B. Hall
Cary B. Hall answered on Jun 4, 2018

Yes, it's legal -- which is to say the 18 y.o. will not be charged with Statutory Sexual Assault under Pennsylvania law.

That crime (a second-degree felony - no joke!) is committed when a person engages in sexual intercourse with a complainant to whom the person is not married who is...
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1 Answer | Asked in Juvenile Law for Pennsylvania on
Q: Can my buddy be arrested for asking a 13 year old out, and sending her a picture with no shirt on but was from shoulder?

Alright so my buddy is 18 years old and he asked a 13 year old girl out (before he knew her age) also they never got together. Once he knew her age he said it was up to her and they could be friends till she turned 18. He also sent her a picture with no shirt on, but it was above like the upper... Read more »

Cary B. Hall
Cary B. Hall answered on Jun 4, 2018

I think you're buddy's safe. I also think it's a GREAT idea for him to break off contact with the girl. That way, if the authorities ever question him, he can tell them he broke off all contact as soon as he found out she was a minor.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Pennsylvania on
Q: What rights do I have as a non wed mother who is letting son stay with father without courts getting involved?

Have been together 13 years and have a 11 y/o son. I can't afford a lawyer right now and my son wants to stay with his dad (which is fine) We once separated and I stayed with my mom and made plans for me to get my son for the weekend but he decided last minute his mother was more important to... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Jun 3, 2018

You both have rights to be with your son but the best way to ensure that you're not in for a major battle every time you want to see him which he's with his father is to memorialize your arrangements in a court order. A notarized statement or agreement is not enforceable in the courts. Do... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: Do both parties get in trouble for sexting, both are 14..

My 14 year old daughter was sexting with a 14 year old boy, he asked for inappropriate photos and sadly she sent them. The boy then turned her in because she wouldn't do anything else. I am told police confirmed the photos are still there (a week and a half later they interviewed the boy)... Read more »

Cary B. Hall
Cary B. Hall answered on May 30, 2018

It depends on exactly what your daughter was charged with. When you say a "citation," that tells me that things may be happening before your local Magisterial District Judge ("MDJ") -- versus, say, a referral to juvenile court and a formal petition for delinquency. If so, the... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: Is it illegal for a 20 year old to date a 17 year old?
Zak Taylor Goldstein
Zak Taylor Goldstein answered on Apr 15, 2018

No, that is not illegal.

1 Answer | Asked in Criminal Law, Communications Law and Juvenile Law for Pennsylvania on
Q: Phone Seizure Questions, Please Help

Edit

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 11, 2018

You don't pose a question to be answered. Search and seizure law is pretty broad and fact specific. You can retry to post here but remember this an open forum and facts stated here can be used against you. Or you can consult local counsel and see if they can assist.

2 Answers | Asked in Education Law and Juvenile Law for Pennsylvania on
Q: What kind of lawyer will help me if we believe our child is Gifted but we do not agree with his school's assessment?

We believe he is Gifted, however we do not agree with the explanations that the pyschologist and teachers are giving us

Peter N. Munsing
Peter N. Munsing answered on Jan 4, 2018

Contact the Education Law Center in Philadelphia & Harrisburg.Generally, you request an IEP. If the assessment you refer to was the IEP, your IEP should tell you about your appeal rights. In the meantime, there are programs such as the Center For Talented Youth that have advice in general.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Pennsylvania on
Q: If I am 15 and live in PA, can I make the choice to live with my grandparents if they want me there?

My father is fine with it, but my mother keeps arguing trying to force me to go back everytime my grandparents want to take me somewhere out of state. I am not treated fairly there, at my parents home.

Kathryn Hilbush
Kathryn Hilbush answered on Dec 22, 2017

At 15 years old, no, you cannot make that choice. If your grandparents want you to live with them, they can try to work something out with your parents. They can also talk to a family law attorney to see if they have any rights under the law to file for custody. From what you said, though, it... Read more »

1 Answer | Asked in Education Law, Child Custody and Juvenile Law for Pennsylvania on
Q: A 13-year-old student had threatened to bomb my school. What are the possible consequences for his actions?
Kathryn Hilbush
Kathryn Hilbush answered on Dec 16, 2017

That's up to the District Attorney's Office.

1 Answer | Asked in Family Law and Juvenile Law for Pennsylvania on
Q: if I have a phone my friend gave me , can my mom take it from me ? if so can she bash it?
Peter N. Munsing
Peter N. Munsing answered on Dec 15, 2017

May depend on your age. Parents are allowed a fair degree of control over what is possessed by their youths.

1 Answer | Asked in Criminal Law, Sexual Harassment, Family Law and Juvenile Law for Pennsylvania on
Q: Found out my 16 year old son is having sexual relations with a 20 year old woman who's saying she's pregnant.

She's with another person and they have children together and I fear the repercussions on my son because she claims she's pregnant to him but has not shown proof of pregnancy and claims she's around 4 weeks. Is there something I can do as a parent?

Peter N. Munsing
Peter N. Munsing answered on Dec 15, 2017

He's at the age he's past the age of consent but possible she could be charged with corruption of a minor. As far as the pregnancy, a blood test would be in order if she conceives.

Most important thing right now is to speak with a counselor about how to handle it--you don't...
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1 Answer | Asked in Juvenile Law and Criminal Law for Pennsylvania on
Q: I'm from PA and am 18 and I'm talking to 15 year old. His mom found out and threatened to press charges. Can she??

Legally in the state of PA, a 15 year old can be with a 18 year old. However, because he is a minor, can she interfere and press charges? We've never had physical contact. We've only texted and called. I'm currently in college to become a Physicians Assistant and my life could be... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 9, 2017

I don't see that you can be charged merely for texting. If it was "sexting...." --well that's different. You need to watch what you text and post.

A parent can interfere, just like anyone can try to interfere with anyone else. Whether they succeed is different but I...
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1 Answer | Asked in Education Law and Juvenile Law for Pennsylvania on
Q: My son made a comment after a girl student bumped into him and touched his private area. He said don't touch my genitals

He got 1 day OSS for sexual harassment. How is this sexual harassment when he said Dont or stop?

Peter N. Munsing
Peter N. Munsing answered on Nov 15, 2017

It isn't. He can appeal or ask to have his record corrected. Contact the Education Law Center in Philadelphia for mroe information.

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Patents (Intellectual Property) for Pennsylvania on
Q: What most likely will happen?

let my daughter visit her father in PA. He's been stalling with her for 2 weeks now to find out he filed for custody and for emergency petition. I have legal custody of her. He never established paternity and denied me every time I ask him to. I have a paternity petition going in my state... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Nov 14, 2017

So sorry, your question was posted to PATENTS (INVENTIONS) by mistake, you may want to change the topics associated with this question. I hope you find the answers you need.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Pennsylvania on
Q: I do my high school online and I live in the state of PA I turn 18 in Apri can i move out if I'm still in school

Could my parents legally force me to still live with them, it's not a good environment.

Peter N. Munsing
Peter N. Munsing answered on Nov 11, 2017

You may emancipate yourself but understand that this will remove their support obligation. You should understand and consider the consequences, and I'd suggest working it through with a counselor, because there will be fallout for you to process.

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: Is there a legal dating contract for two families to sign regarding their kids relationship?

Im a 14 year old girl and he is 17. His parents are worried that once he turns 18 my parents will try to sue him. His parents said for us to take a break from seeing eachother because of this. He heard about some contract that both families would sign that would allow us to legally date and both... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

The parents can agree but if there was hanky panky the state could try to claim it was statutory rape. Your parents have a point.

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for Pennsylvania on
Q: Daughter wants to bring a friend on vacation. Friend's Dad said yes but Mother said no. Can I still take her?

They are divorced. According to Dad there is no written custody arrangement or court ordered custody. Daughter spends most of her time at her Dad's because her mother smokes and it bothers her, but she still does see her mom. We really want her to come along, but I don't want to get in... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Oct 4, 2017

Tough call. I'd say try to speak with mom to see if you can sway her toward letting you take the daughter. If you take her, have both parents write and sign a statement expressly saying that you're doing so with his/her permission. If mom won't agree, I can't tell you to just... Read more »

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