Minor's Access to Protective Orders

Twenty-eight states plus the District of Columbia and Puerto Rico allow people in dating relationships to obtain protective orders. (1) However, only seventeen states provide a mechanism for minor victims of dating violence to apply for protective orders. Some of those states allow minors to apply for protective orders on their own, while other states permit or require the involvement of an adult to apply for the order on a minor's behalf.

States that allow minors to apply for protective orders on their own

The laws in eight states specify that minors themselves may apply for protective orders. (2) In addition, in Oklahoma and Washington, a sixteen- or seventeen-year-old may apply for an order without an adult. (3) The laws in these states use different language to ensure the rights of minors to apply for an order. In Oregon, persons under eighteen years old in sexually intimate relationships with their abusers may apply for a protective order, but only if the abuser is at least eighteen years old. (4) New Jersey law specifies that a minor victim may apply even if the offender is also a minor. (5) In Massachusetts, a "person suffering from abuse from an adult or minor family or household member" may request an order. (6) In these eight states, minors who do not want adult involvement may generally apply for a protective order on their own. Even in those states, particular judges may make different interpretations of these laws, and require the involvement of adults.

Permissive adult involvement

In California, Idaho, Alaska, and Illinois, while minors may apply for protective orders on their own, adults, such as parents or guardian ad litems, may also apply on behalf of the minors. (7) Idaho's "Cassie's Law," enacted in 2000, is named after a teenage girl who was killed by her batterer. Cassie's mother had attempted to get a protective order to protect Cassie, but was told by the judge that there was no law providing for such an order. (8) Cassie's Law specifies that a minor victim of domestic violence has the right to seek a protective order and that a parent or guardian may file a petition on behalf of such minor victim. (9)

In California, applicants for protective orders are not required to have a guardian ad litem if they are at least twelve years old. However, the court is authorized to appoint a guardian and is required to send a copy of the protective order to the minor's parents. Previously, all minor victims of dating violence were required to have a guardian ad litem represent them to get a protective order. Advocates in the state worked to pass this law because they found that it was difficult for teen victims to find adults whom they could trust and who would be willing to serve as a guardian. (10)

Mandatory adult involvement

The other states that allow minor victims of dating violence to obtain domestic violence protective orders all require adult involvement. (11) The adult involved could be a parent, a guardian ad litem, or, in some cases, a representative of a state agency, such as child protective services. For example, Hawaii law specifies that a family or household member may apply for a protective order on behalf of a minor victim or that any state agency may apply. (12) The law does not define "state agency." In Tennessee, although a minor may apply for a protection order, the petition must be signed by a parent or guardian. (13)

Age of respondent

In some states, in addition to addressing the minority of the victims, the protective order statutes may also contain limitations based on the age of the offender. For example, in Tennessee and Oregon, the respondent in a protective order proceeding must be an adult. (14) In other states, the court must appoint a guardian ad litem for a minor respondent. (15)

Many states have provided a way for minor victims of dating violence to obtain protective orders. Often, this involves having a parent or other adult apply on behalf of the minor. Approximately one out of every three high school and college students has experienced sexual, physical, verbal, or emotional violence in dating relationships. (16) It is important for all states to provide legal protection for minor victims of dating violence.