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Can Parents of a 15 y/o Girl use the Law to Stop her from Dating a 19 y/o Boy? ~ Chosen as “Best Answer” by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:      We are parents of a 15 year old girl who wants to date a 19 year old boy.  We do not want this. Is the law on our side in Ohio?  The… Scroll down to read more!

October 16, 2015 / Michael A. Haber /
Q:      We are parents of a 15 year old girl who wants to date a 19 year old boy.  We do not want this. Is the law on our side in Ohio?  The age difference for them is 3.5 years.

A:     Chosen as “Best Answer” by Asker on www.AVVO.com

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Answered . I am not an OH lawyer so I cannot comment on matters of OH law or procedure, but, having been a practicing criminal defense attorney for nearly a quarter of a century in Miami, I can tell you that In Florida gender is irrelevant. What is relevant is age, and, depending upon the age, then consent.  While the rules may very well be different in OH I suspect that there are similarities so I will share what I know of FL law with you and suggest that you a) apply that understanding to your situation b) in light of what my OH colleagues explain as the controlling law, rules and procedure in your jurisdiction.

In FL, a 16 or 17 y/o can, legally / lawfully, consent to sexual relations with someone who is 23 or younger. In FL, if you are younger than 16 then your consent, no matter how heartfelt, is legally insufficient and will not be a factor in an ensuing criminal prosecution. Similarly, if you are able to consent (if you are 16 or 17) but you have sexual relations with someone who is either 24 or older or younger than 16, then your consent is similarly legally insufficient and will not be a factor in an ensuing criminal prosecution.

That said (shy of falsely imprisoning or securing chastity equipment), while family cannot stop a FL minor who is legally capable of giving consent from doing so, the legal guardian of a minor can seek protection from the Court on the minor’s behalf and against the minor’s will in the form of a restraining order / injunction for protection.

If the FL Court believes that it is in the minor’s best interests to issue the order of protection then it can lawfully preclude any contact, direct or indirect, between the minor and the up to 23 y/o sexual partner. Any violation of such a Court Order will result in immediate incarceration and an independent criminal prosecution.

Whether or not a FL Judge would issue such a stay away order (a permanent one anyhow) is subject to the minor being able to speak her/his mind, and, naturally such a course of action, if pursued, is likely to drive a significant wedge into any familial relationship.

While I’d bet that OH has similar provisions, again I am not an OH lawyer and you are best advised to find a Granville, OH area criminal defense lawyer, engage in a meaningful consultation and get some advise which is legally sound and has been custom tailored to meet your needs in your unique case.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)


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At Michael A. Haber, P.A. “Its all about reasonable doubt”!

Michael A. Haber, Esq. is prepared to speak with you about your case!

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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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