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Ohio Juvenile Law Questions & Answers

1 Answer | Asked in Juvenile Law for Ohio on

Q: Is it possible for the court system to purposefully give you continuances until you’re 18 for worse punishment?

I’m going through court right now and they keep giving me continuances for court dates. I turn 18 in December, could they possibly be waiting until i turn 18 so they can punish me as an adult?

Matthew Williams answered on Jul 18, 2019

The juvenile court does not lose jurisdiction over you when you turn 18. The relevant date is the date of the offense. So, no they aren’t just continuing it to send you to adult court.

2 Answers | Asked in Immigration Law, Family Law, Child Custody and Juvenile Law for Ohio on

Q: Can a permanent resident get emancipated without fear of deportation?

I’m a minor who wants to be emancipated when I graduate at 17 and 4 months old. My father and I are permanent residents. If I can completely support myself by graduation and petition the court for emancipation, will I have a chance for them to allow it? Will I be an illegal immigrant then because... Read more »

Joseph Jaap answered on Jun 24, 2019

Ohio does not provide for emancipation in most situations. Here is more information:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

When you turn 18, you are then legally an adult. Use the Find a...
Read more »

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1 Answer | Asked in Juvenile Law for Ohio on

Q: Can a 16 year old move out of state without parental consent in Ohio?

I'm 16 years old, about to be 17 in 18 days. I am extremely unhappy with the way things are at home (I don't want to elaborate). I have a friend in Missouri who's mother wants to take me in. Is it legal for me to move out of my current living situation and live with her?

Joseph Jaap answered on Jun 10, 2019

The person in Missouri would have no legal basis to provide care for you. You could be apprehended as a runaway, and the person in Missouri could get in trouble for contributing to the delinquency of a minor or other charges for helping you. If there are problems at home, talk to a teacher,... Read more »

1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Juvenile Law for Ohio on

Q: How easy is it for my girlfriends parents to get a protection order against me from seeing my GF (we are both 17)?

My girlfriend and I are both 17 in the State of Ohio. Her parents do not like me for various reasons, and the only way my girlfriend and I can communicate is at public school, and various ways we find to text each other. Her parents threaten that if we don't stop seeing/talking to each other, that... Read more »

Denise Rini Esq answered on May 8, 2019

The threshold for a Protection Order is "imminent harm", and the Parents can file an Ex-Parte Order documenting the behavior. Regardless if the Ex-Parte is granted, a full hearing will be scheduled. The best recourse is to reflect as to why the parents disapprove of you....and perhaps adjust.

1 Answer | Asked in Child Custody and Juvenile Law for Ohio on

Q: I’m 18 years old and live in Ohio with my parents. Am I legally allowed to move out if I choose to do so?

I planned on moving out of my current household, already packing my belongings. My parents said if I tried to leave, they were going to report me as a missing person and have the police search for me. Is this legal? I know in some states, it is, but I’m not so sure about Ohio’s laws on the matter.

Joseph Jaap answered on Apr 24, 2019

If you are 18, you can make your own decisions about where to live. Have you made arrangements to have health insurance and car insurance? Do you intend to continue your education? Will you need financial assistance? It could be unwise to alienate your parents.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Ohio on

Q: My son is 17 and was just pulled over for doing 90 in a 55. What can I expect. He will be getting a court date. First.

First time being pulled over. Under age, 17.

Joseph Jaap answered on Apr 23, 2019

License suspension and a fine, with the judge likely to be angered by him endangering others and acting totally irresponsibly. Parents also might get a lecture from the judge.

1 Answer | Asked in Criminal Law and Juvenile Law for Ohio on

Q: Are there laws against an adult getting into a fight with a minor? Or would it depend on the circumstances.

It not being self defense.

Matthew Williams answered on Mar 28, 2019

The assault laws generally prohibit anyone getting into a fight with anyone unless it’s part of a mutually consented to sporting event like a boxing match.

1 Answer | Asked in Criminal Law and Juvenile Law for Ohio on

Q: What is the least to most each could be charged by the legal system?

Two minors (female, age 16 and male, age 15) engaged in "sexting"-mutual sending of nude photos.

Matthew Williams answered on Mar 21, 2019

If they were charged, which is far from a certainty, they could face felony charges for making and distributing child pornography, which would expose them to discretionary transfer to adult court (unlikely but possible) and years in prison. It’s far more likely they would given a probationary... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Ohio on

Q: I am 17 years old and I will be 18 in 6 months. Is it legal for me to run away and not face any punishments by the law?

If I do run away and I get caught by the police, can they force me to return home? Can I refuse to return home if i am not in danger?

Joseph Jaap answered on Mar 5, 2019

You can be apprehended and placed in juvenile detention if you are under 18. If there are problems, talk to a teacher, school counselor, or other trusted adult.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Ohio on

Q: I'm turning 16 on April 12 and I'm planning on moving at 16. I'm wanting to move out but my mom says no what do i do?

I live in Ohio and I'm wanting to move out of my moms and get my own custody there is no abuse I'm just getting tired of all the yelling. I asked my mom if I can have my own custody and to have her permission and she tells me no. How can I fight for this to try to get the yes for it?

Joseph Jaap answered on Mar 4, 2019

Ohio does not have emancipation for your situation. See this link for more information: https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

2 Answers | Asked in Juvenile Law and Traffic Tickets for Ohio on

Q: My son was pulled over in Athens c going 113 in a 60, zone, they charged him with speeding and juvenile traffic offender

He was on his way to his basketball game, he has never been in trouble before and has 3.0 GPA

Joseph Jaap answered on Feb 25, 2019

At a minimum, the court is likely to suspend his license, fine him, and put him on probation for acting recklessly and irresponsibly -- in hopes of making a significant enough impression that he won't risk his life and teh lives of others when he is eventually allowed to drive again.

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1 Answer | Asked in Family Law and Juvenile Law for Ohio on

Q: how would a 17 year old with a 3 month old baby become emancipated without parental consent?

she wants to move in with the baby's 19 yr old dad and his mom. her parents are restricting his and his mom's access to the baby and limiting her ability to work etc.

Joseph Jaap answered on Jan 31, 2019

She can't. Ohio does not allow that. See this link:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Ohio on

Q: Can my 17 year old friend come live with me if her step mom and dad is mistreating her & cutting people out her life

Joseph Jaap answered on Jan 21, 2019

The friend is a minor and must follow the directions of her parents. If there are problems at home, she should talk to a teacher, school counselor, or other trusted adult.

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1 Answer | Asked in Traffic Tickets and Juvenile Law for Ohio on

Q: I was caught doing 74 in a 55 in ohio what will likely happen?

This is my first driving offense. I am 16

Joseph Jaap answered on Jan 8, 2019

You will be summoned to go to court, fined, and probably have your license suspended by the judge. You are a new driver with little driving experience. The judge is likely to think that you don't even have enough experience to be driving 55 in a 55, so will think that speeding 20 miles over the... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Ohio on

Q: Can a 17 y/o (18 in June) be emancipated due to mother not enrolling in school?

Child having problems in public schools, mother agreed to online schooling and would get child enrolled, almost 3 months later child still isn't enrolled and has not attended public school for the same amount of time.

Joseph Jaap answered on Dec 26, 2018

Ohio does not permit emancipation except in certain circumstances. See this link:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

2 Answers | Asked in Juvenile Law for Ohio on

Q: I am a 18 years old. My boyfriend is 15. Since I turned 18 we have had problems with family matters if it is legal.

The past few months when I turned 18 his parents started thinking we couldn't date. So they told him we had to break up. About a month later his parents finally caved in amd said it was okay. The same day my mom told me we couldn't date. Apparently she asked my aunt if it was illegal and she said... Read more »

Joseph Jaap answered on Dec 17, 2018

You are 18. An adult. He is a minor, below the age of consent of 16. Depending on what you both do, you could be charged with a criminal act and if convicted, possibly go to jail and be required to register as a sex offender for life.

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1 Answer | Asked in Juvenile Law for Ohio on

Q: My 17 year old boyfriend physically assaulted an 18 year old for harassing me. Will he have to serve time in jail?

The 18 year old was provoking him. My boyfriend, who again is 17, received a letter in the mail saying he had to go to court. What will happen? Will he have to serve time in jail, or a detention center?

Joseph Jaap answered on Nov 12, 2018

He should retain an attorney to advise him.

1 Answer | Asked in Criminal Law, Juvenile Law and Probate for Ohio on

Q: I’m 17 and I’ve been on juvenile probation and I violated if I hide till I’m older and get away can they do anything

Matthew Williams answered on Nov 2, 2018

Yes, they can. The juvenile court will not lose jurisdiction over your case when you turn 18.

1 Answer | Asked in Juvenile Law for Ohio on

Q: What to do when a parent kicks a 17 year old out of home with no place to go

Joseph Jaap answered on Oct 15, 2018

Contact local children's services.

1 Answer | Asked in Family Law and Juvenile Law for Ohio on

Q: I am 15 and having a baby. Can I get emancipated if I have a stable home for me and my child?

Joseph Jaap answered on Oct 8, 2018

No, Ohio does not allow emancipation in that circumstance. See this link.

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

If there are problems at home, talk to a teacher or other trusted adult.

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