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Juvenile Law Questions & Answers
Q: Can I expunge dismissed assault charges in Texas to pursue an ATP pilot career?
When I was 17, I was arrested in Texas for a Class C Misdemeanor Assault by Contact with a Family Member, and a previous juvenile arrest for Class A Assault and a low-level felony for preventing an emergency request. Both cases were dismissed through non-prosecution affidavits. As I'm pursuing... View More 
Q: How to obtain sealed juvenile records in TX for military service?
I need to obtain a copy of my sealed records, including court and police reports, from an incident approximately six years ago when I was a juvenile. The case was in Harrison County, TX, and involved either a Class B or Class A Misdemeanor, resulting in Pre-trial diversion. I need these records for... View More
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
To request sealed juvenile records in Texas, you’ll need to file a motion with the juvenile court that handled your original case. Because your case was in Harrison County and involved a pre-trial diversion, the records are likely sealed under Texas Family Code §58.253, but the court may still... View More
Q: Is juvenile charged with third-degree assault allowed attorney representation?
I want to know if a juvenile charged with third-degree assault, with no previous offenses, is allowed to have defense attorney representation. The case is at court today, and the options are to plead either guilty or not guilty.
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
Yes, a juvenile charged with third-degree assault absolutely has the right to be represented by a defense attorney. Even if this is their first offense, assault is a serious charge that can carry long-term consequences, and the court system is expected to protect the legal rights of minors just as... View More
Q: Can police force return to guardians in Montana if 17 and safe?
I am 17 years old and left an abusive situation where non-family members have guardianship over me as signed by my mother. The guardians have filed a report to compel my return. Can the police force me to go back home if I'm currently in a safe place, even though there are no pending court... View More
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
What you're going through is difficult, and it’s clear you’re trying to protect yourself. In Montana, if someone has legal guardianship over you—even if they aren’t family—they technically have the right to make decisions about where you live until you turn 18. That means if they... View More
Q: Legal consequences for a 14-year-old involved in a prank causing property damage?
My 14-year-old son kicked a door during a prank, causing the glass to fall out but not break. The incident was caught on video. He has never been in trouble before, being on the honor roll and very active in sports. Despite this background, the homeowner is pressing charges, and the police have... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
Because your son is only 14, any charges brought against him will likely be handled in juvenile court, which focuses more on rehabilitation than punishment. Even though the glass did not break, the fact that the door was damaged and the incident was caught on video gives the homeowner a basis to... View More
Q: How can I pursue emancipation at 16 in North Carolina living in an unsafe environment?
I am 16 years old and currently living with parents who are alcoholics and often have arguments and gatherings at home that make me feel unsafe. I do not have parental consent for emancipation, but I have plans for financial independence and a secure living arrangement. How can I pursue... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
You can petition the juvenile court for emancipation once you turn 16, but you’ll need to prove you can support yourself and that emancipation is in your best interest given your unsafe home environment.
First, gather documentation showing your income sources, a lease or letter from... View More
Q: Do parents have the right to see video of minors involved in school incident?
I want to know if, as parents, we have the right to see the video of our minor children involved in an incident at the Library gym. My minor child and some friends got in trouble for spraying a fire extinguisher on the gym floor, resulting in a request for payment of $9,000 for cleanup, despite one... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You have a right to review any evidence the school or library uses to discipline your child, and that includes the video of the incident.
Submit a written request to the records custodian—often the principal or library director—asking for a copy of the surveillance footage that shows... View More
Q: No contact from authorities after minor's assault charge in TX.
I'm a 15-year-old facing an assault charge in Texas, and I've had my fingerprints taken six weeks ago. Since then, my parents haven't received any communication from the police or the court, nor has an attorney been appointed for me. Is this lack of communication normal in such... View More
John Michael Frick
answered on Jul 1, 2025
answered on Jul 1, 2025
I recommend that you hire your own attorney, one with experience handling juvenile cases in or near the county where you were fingerprinted.
How quickly--and whether--formal charges will be brought against you for delinquent conduct depends upon the specific facts and circumstances of the... View More
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Q: CPS falsified DNA test, continuing foster care for daughter despite evidence. Seeking guidance on addressing situation.
I am dealing with issues involving CPS and my daughter's situation. CPS falsified DNA test results by claiming my daughter’s paternal grandmother and uncle were not related, which affected her case. Posthumous DNA testing of her father at another lab confirmed the paternal connection.... View More
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James L. Arrasmith
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answered on Jun 29, 2025
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answered on Jun 29, 2025
You need to urgently file a motion with the juvenile dependency court requesting reconsideration or modification of the current placement orders under Welfare and Institutions Code § 388. This statute allows you to present new evidence—such as the accurate posthumous DNA results and any other... View More
Q: How can I support my boyfriend facing a court hearing for domestic battery charges in Indiana?
I want to support my boyfriend, who was arrested for domestic battery involving a child under 14. My daughter mentioned having a dream where my boyfriend punched her in the face, and the DCS worker spoke over my daughter, leading her to agree that he did punch her, although she only had a small red... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
Your support matters, and it’s clear you’re trying to navigate an incredibly painful and complicated situation. If your boyfriend is facing a domestic battery charge involving a child under 14 in Indiana, the stakes are high—especially with children involved and the Department of Child... View More
Q: Should we trust the public defender's advice to avoid trial in my daughter's case?
I'm concerned about my 15-year-old daughter's legal situation. She was charged after an incident where a male student threatened her. The public defender advises against going to trial due to the seriousness of the charge under paragraph 1 245(a)(1) and suggests accepting a... View More
Dan Moseley
answered on Jun 28, 2025
answered on Jun 28, 2025
Your question raises a number of issues. First, trust is central to the lawer-client relationship; when this is weak or absent, the client needs to find another lawyer. Second, a defendant will not get a reliable second-opinion without first dismissing her current attorney and then hiring a new... View More
Q: Marry at 16 without parental consent in Idaho and consider emancipation
I am 15 and seeking legal guidance on how to marry my 18-year-old boyfriend once I turn 16 in Idaho, considering that the age gap is under three years and my mom has full custody of me. I'm also considering emancipation to live independently, as I have a plan for self-support. What options do... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
In Idaho, the legal age to marry without a parent’s consent is 18. If you're 16 or 17, you may marry only with the written consent of a parent or legal guardian and court approval. Without your mother's consent, you cannot legally marry your boyfriend at age 16, even if the age... View More
Q: How can I pursue emancipation at 15 in Idaho under restricted conditions?
I am planning to seek emancipation in Idaho. I am currently 15 years old and will turn 16 on October 6th. My desire to become emancipated stems from severe restrictions, as I am not allowed to do anything other than work and attend school. I am employed and plan to graduate in two years. My mom has... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
What you're going through sounds incredibly difficult, and it's clear that you’re thinking seriously about your future and your independence. However, Idaho does not have a formal emancipation statute that allows minors to file for emancipation the way some other states do. That means... View More
Q: Seeking advice on legal action after grandson's wrongful arrest by Hanford PD.
My 16-year-old grandson was arrested after a raid by Hanford PD’s Street Crimes Unit on June 21, 2025, potentially triggered by a false report from an ex-girlfriend. He was charged with possession of ammunition found in a shared home but was released after four days in juvenile hall due to... View More
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James L. Arrasmith
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answered on Jun 26, 2025
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answered on Jun 26, 2025
What your family experienced is deeply troubling, and you’re right to seek clarity and accountability. When a minor is subjected to a wrongful arrest, especially under questionable circumstances—such as a raid stemming from an unreliable source and resulting in charges unsupported by sufficient... View More
Q: Can an 18-year-old with pending asylum apply for SIJS in TX?
I am 18 years old with a pending asylum application, currently living in the US with my parent, who also has a pending asylum application. I have experienced abuse and neglect from my father. There are no court proceedings related to guardianship or child welfare. Can I apply for Special Immigrant... View More
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James L. Arrasmith
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answered on Jun 29, 2025
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answered on Jun 29, 2025
You have faced abuse and neglect, and you deserve a legal pathway that safeguards your well-being.
You cannot apply for SIJS at this moment because no juvenile court has made the required findings. SIJS demands a state court order declaring you dependent or appointing a guardian due to... View More
Q: Is it legal for a parent to take away a phone from a teen who bought it with their own earnings?
I am a 16-year-old in Georgia, and I bought my phone using my own earnings. Is it legal for my parent to take away my phone?
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
Even if you bought the phone with your own money, your parents still have legal authority over you and your belongings while you are a minor. In Georgia, until you turn 18, your parents have the right to make decisions about your possessions, especially when it comes to rules, discipline, and... View More
Q: Can I file an order of protection against my mom's boyfriend in TN?
I am 17 years old and live with my mom's boyfriend. He has abused and threatened me, putting me in fear for my life. I have reported these incidents to Child Protective Services and the police. Although I don't have physical evidence, I do have witnesses to the abuse. Can I file an order... View More
Michael R. Stooksbury
answered on Jun 24, 2025
answered on Jun 24, 2025
Yes, you may file for an Order of Protection from your mom’s boyfriend so long as you lived with him and he inflicted or tried to inflict physical harm on you. One wrinkle in your case is your status as a minor. Since you are 17, you must have your parent’s signature on your filings, or the... View More
Q: Are there time limits for adjudicatory orders in NM child abuse cases?
I have a pending child abuse and neglect case in New Mexico. Are there specific time limitations for a court to issue an adjudicatory order during the Adjudicatory/Dispositional Hearing?
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
Yes, in New Mexico child abuse and neglect cases, there are specific timelines that courts are expected to follow when issuing adjudicatory orders. Under New Mexico’s Children’s Code and related court rules, the adjudicatory hearing is generally required to occur within 60 days of the filing of... View More
Q: How to petition for relief from sex offender registration in Mississippi?
I was charged with a sex offense at the age of 15 in Washington State. I am now 36 and relieved of the duty to register in Washington. I have been registering in Mississippi for the past few years, and I am seeking legal counsel to file a petition to the Circuit Court in Mississippi to relieve the... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
You’re taking a thoughtful and proactive step, and Mississippi law does allow individuals who meet specific criteria to petition the Circuit Court for relief from sex offender registration. Since your offense occurred when you were a juvenile, and you’ve already been relieved of registration in... View More
Q: Does a minor need to appear in court for a harassment prevention order hearing as defendant?
I'm trying to understand whether a minor, who has received a notice of a harassment prevention order hearing, must appear in front of a judge as a defendant. The order was requested by someone who was previously friends with the minor. There are no additional circumstances that influence the... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
Yes, a minor who is named as the defendant in a harassment prevention order hearing is generally required to appear in court. Even though the defendant is a juvenile, the hearing is a legal proceeding where the judge must hear both sides before deciding whether to issue or extend an order. The... View More
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