I'm a minor...need info on rights/restraining order

[westernrider128]

I'm a 16 year old strongly considering leaving home within the next few days because of my father's behavior. He had always been verbally abusive, picking fights over the smallest things, belittling me with put-downs, but he is becoming more physically abusive. If he gets angry enough, (which is becoming increasingly often), he will not hesitate to roughly shove me against a wall to scream in my face. He often grabs my arm/shoulder hard enough to leave marks, but about 6 months ago he grabbed my neck and punctuated his words with squeezes. He will also smack me hard enough to leave marks.
My mother is basically uninvolved in everything. I have decided that this environment is no longer safe for me physically or mentally.
I have held down a part time job at a deli for over a year now, along with a side job cleaning houses. I am looking to move out, but I have some questions...

First: If I stay with a friend's family, are my parents legally allowed to call the cops to bring me home? Would I be endangering my friend's family?

Second: How long is the emancipation process? How expensive is it?

Third: As a minor, may I enter into contractual agreements, (leases, liability waivers, etc.) in the state of CA?

Fourth: How would I go about filing for a temporary restraining order against my father? (I feel that a temporary order would be enough. While I fear for my safety around my father, I do not fear for my life.)

 

[jacksgal]

Emancipation is about "self" support based on your post you cannot be self supporting. If abuse exist in your home tell a Teacher or school counselor

 

[army judge]

I'm a 16 year old strongly considering leaving home within the next few days because of my father's behavior. He had always been verbally abusive, picking fights over the smallest things, belittling me with put-downs, but he is becoming more physically abusive. If he gets angry enough, (which is becoming increasingly often), he will not hesitate to roughly shove me against a wall to scream in my face. He often grabs my arm/shoulder hard enough to leave marks, but about 6 months ago he grabbed my neck and punctuated his words with squeezes. He will also smack me hard enough to leave marks.
My mother is basically uninvolved in everything. I have decided that this environment is no longer safe for me physically or mentally.
I have held down a part time job at a deli for over a year now, along with a side job cleaning houses. I am looking to move out, but I have some questions...

You are LEGALLY unable to make ANY decisions. The law considers you LEGALLY INCOMPETENT. You do NOT have standing to appear before a court. Only your parents, guardians, or the state can appear for you in any court. You can not legally leave your home. Should you decide to do so, you can be apprehended and eventually placed in a state juvenile facility. IF you believe you are being abused, neglected, mistreated, or harmed; you can report this to a police officer, school official, medical practitioner, religious official, social services worker, fire department official (paramedic), or any other respected, trusted ADULT of your choosing.

First: If I stay with a friend's family, are my parents legally allowed to call the cops to bring me home? Would I be endangering my friend's family?

Yes, your parents can report your absence and whereabouts to the police. The police can then apprehend you. Your friend's family can also be in legal jeopardy for hiding a runaway.

Second: How long is the emancipation process? How expensive is it?

By the time you could be granted emancipated minor status, you'd be an adult. But, you are not able to be legally emancipated. To become eligible for that status, you'd have to be holding down a full time job and progressing well in school, or already have received your GED or diploma. If you pursue this strategy, you'd probably be placed in a foster home or state youth home.

Third: As a minor, may I enter into contractual agreements, (leases, liability waivers, etc.) in the state of CA?

No, only adults can enter into contracts. You are a legal incompetent.

Fourth: How would I go about filing for a temporary restraining order against my father? (I feel that a temporary order would be enough. While I fear for my safety around my father, I do not fear for my life.)

You can't. You have no standing to appear before a court for the reasons set forth hereinabove. Your mother could bring such an action. Why not discuss this with her. Otherwise, you can leave at age 18, high school completed or not. At 18 years old, you can just walk away.

 

[lonelyinny]

you can stay with your friend only if your parents give you permisison, if they say no then its no. if you stay there without it you can be reported as a runaway and your friend and the family can face charges, not to mention being slapped with a restraining order forbbiding them contact with you, and you will have absolutely no say in the matter. untill youre 18 you cannot live with anyone else without your parents permission and they have 100 percent control who you associate with.

 

[CdwJava]

I'm a 16 year old strongly considering leaving home within the next few days because of my father's behavior. He had always been verbally abusive, picking fights over the smallest things, belittling me with put-downs, but he is becoming more physically abusive. If he gets angry enough, (which is becoming increasingly often), he will not hesitate to roughly shove me against a wall to scream in my face. He often grabs my arm/shoulder hard enough to leave marks, but about 6 months ago he grabbed my neck and punctuated his words with squeezes. He will also smack me hard enough to leave marks.
My mother is basically uninvolved in everything. I have decided that this environment is no longer safe for me physically or mentally.

I assume that when he has assaulted you, you have called the police? What have they had to say?

Understand that a great many teenagers push the limits of acceptable behavior and sometimes parents over react. By itself, what you describe does not leap out at me as being abuse unless he does this without provocation at all. So, what exactly is going on that causes him to lose it like this?

First: If I stay with a friend's family, are my parents legally allowed to call the cops to bring me home? Would I be endangering my friend's family?

Yes, the police can come and forcibly remove you. And your friends can get in trouble if they know or should have reasonably known that you had no right to be there.

Is this friend a "friend" or a person with whom you have a dating relationship?

Second: How long is the emancipation process? How expensive is it?

It varies. But, normally emancipation could take 6 months or more. But, to become emancipated in CA it is a very difficult process and, essentially, you have to show how you can support yourself WITHOUT the aid of your friend.

Here is more info:

http://www.courtinfo.ca.gov/forms/documents/mc301.pdf

Third: As a minor, may I enter into contractual agreements, (leases, liability waivers, etc.) in the state of CA?

Not really. What kind of arrangement were you looking at?

Fourth: How would I go about filing for a temporary restraining order against my father? (I feel that a temporary order would be enough. While I fear for my safety around my father, I do not fear for my life.)

Without a police report to show that you are in danger or without the assistance of CPS, unless your mother does this on your behalf, you effectively cannot.