Pennsylvania Juvenile Law Questions & Answers

Q: Is it legal for a 16 yr old be intimate with an 18 yr old? Can parents press charges?

2 Answers | Asked in Family Law and Juvenile Law for Pennsylvania on
Answered on Jan 5, 2019
Kathryn Hilbush's answer
It probably not legal and it's certainly not smart. Read the information contained in the link below.

https://www.ageofconsent.net/states/pennsylvania

Q: I am 20 years old and this girl that is 16 keeps threatening me if she attacks me what should I do?

1 Answer | Asked in Juvenile Law and Criminal Law for Pennsylvania on
Answered on Dec 31, 2018
Cary B. Hall's answer
I'm sure you can call your local police station before then -- and I suggest you do so, at the very least to document things before they get out of hand. Best of luck to you.

Q: what does a juvenile get when charged with strangulation and aggravated assault in PA?

1 Answer | Asked in Juvenile Law for Pennsylvania on
Answered on Oct 28, 2018
Peter N. Munsing's answer
Consult the victim assistance coordinator with the DA's office. Much depends on age of the youth, relative sizes, who did what if anything before, any record the youth has, etc.

Q: I let my 15tr old brother drive to work, I was with him. we got pulled over. the cop let me drive home.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Pennsylvania on
Answered on Sep 19, 2018
Cary B. Hall's answer
Not feeling this is a "juvenile court" matter, but much more a driving-without-a-license matter (which is just a fine). Pay it, and move on. Your brother should be OK. The cop was just trying to scare the both of you -- and looks like it worked.

Best of luck to you.

Q: If my friends mother kicked her out and threatened her with a knife and is now trying to report her as a run away

1 Answer | Asked in Family Law and Juvenile Law for Pennsylvania on
Answered on Aug 9, 2018
Cary B. Hall's answer
Have your friend contact the police herself to explain the situation. Hopefully they can help iron things out, or get her somewhere safe.

Best of luck to your friend.

Q: If I am 16, can I legally move out of my house without parental consent? I would be moving into a healthy, safe home.

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Pennsylvania on
Answered on Jun 21, 2018
Cary B. Hall's answer
First of all, I see you're asking from Ohio -- and this is a Pennsylvania law forum. The answers you get here will be about Pennsylvania law only. If you're looking for Ohio law, I suggest you post your question there.

As for a summary of your options and Pennsylvania law concerning your issues, take a look at this:...

Q: My grandparents don't have custody but I live with them. I'm 16. Can my boyfriends parents get custody of me ?

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Pennsylvania on
Answered on Jun 18, 2018
Kathryn Hilbush's answer
Probably not. I wonder if you might consider being a bit more sympathetic to your grandparents. You say they're health isn't good but they're still providing you with a home to live in, food to eat, and clothing to wear. It may be pretty difficult for people their age to deal with a teenager just like it seems difficult for you to deal with the older folks, but they're family and that means a lot.

Q: How can I find out my gravity score

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Answered on Jun 18, 2018
Cary B. Hall's answer
Try here: https://www.pacode.com/secure/data/204/chapter303/s303.15.html.

Best of luck to you.

Q: My grandparents are threatening to put a restraining order my boyfriend, but they dont have custody of me, I'm 16 hes 17

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Pennsylvania on
Answered on Jun 18, 2018
Cary B. Hall's answer
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 oath, however, that abuse took place -- and if they provide false information, they'd be committing perjury, which is a felony in Pennsylvania.

Best advice to you -- and this is non-legal -- might be to keep your...

Q: I need some help.

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Answered on Jun 10, 2018
Cary B. Hall's answer
Your buddy has not committed any crimes based on the facts you've described.

Q: Can my buddy be arrested?

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Answered on Jun 5, 2018
Cary B. Hall's answer
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 doesn't mean they're guilty of the crimes they've been charged with. So the question should really be "Is he guilty?"

As I said in my other answer, I think your buddy is safe. I also think it's a GREAT idea...

Q: Is it legal for a 15 year old date a 18 year old

1 Answer | Asked in Child Support and Juvenile Law for Pennsylvania on
Answered on Jun 4, 2018
Cary B. Hall's answer
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 under the age of 16 years and that person is at least four years older. Here, there's only a three-year age difference, so the criminal statute doesn't apply.

But take it from an old man: find...

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?

1 Answer | Asked in Juvenile Law for Pennsylvania on
Answered on Jun 4, 2018
Cary B. Hall's answer
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.

Q: What rights do I have as a non wed mother who is letting son stay with father without courts getting involved?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Pennsylvania on
Answered on Jun 3, 2018
Kathryn Hilbush's answer
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 yourself a favor and consult in person with an experienced family law attorney.

Q: Do both parties get in trouble for sexting, both are 14..

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Answered on May 30, 2018
Cary B. Hall's answer
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 MDJ doesn't have the legal ability to order (and enforce) "court ordered counseling" like you say, so it's a bit confusing exactly where in the judicial system your daughter's case is. A citation is like a traffic...

Q: Is it illegal for a 20 year old to date a 17 year old?

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Answered on Apr 15, 2018
Zak Taylor Goldstein's answer
No, that is not illegal.

Q: Phone Seizure Questions, Please Help

1 Answer | Asked in Criminal Law, Communications Law and Juvenile Law for Pennsylvania on
Answered on Mar 11, 2018
Mr. Ryan L Hyde's answer
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.

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?

2 Answers | Asked in Education Law and Juvenile Law for Pennsylvania on
Answered on Jan 4, 2018
Peter N. Munsing's answer
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.

Q: If I am 15 and live in PA, can I make the choice to live with my grandparents if they want me there?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Pennsylvania on
Answered on Dec 22, 2017
Kathryn Hilbush's answer
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 sounds doubtful. I suggest that you try to live under your parents' roof and respect their wishes and rules. Not everything a parent requires is designed purely to make you miserable. Usually there's a...

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