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Can a minor get a harassment restraining order?
A parent, step-parent, guardian, or conservator of a minor who is being harassed can file for the restraining order on the minor’s behalf.1
In addition, the judge can allow a minor to file on his/her own behalf if the minor can show that s/he is emancipated. Even without a court order declaring the minor to be emancipated, the minor can prove emancipation for these purposes if the minor can convince the judge that all of the following are true:
- the minor is living separate and apart from his/her parents;
- the minor is managing his/her own financial affairs; and
- the minor’s parents have given up (relinquished) control and authority over the minor, which can be proven by the actions of the parties or by a written agreement or other writing.2
1 MN Code § 609.748(2)(b)
2 MN Code § 609.748(2)(c)
