QUESTION

Can a step parent file a restraining order on behalf of a child?

Asked on Aug 28th, 2022 on Family Law - Arkansas
More details to this question:
Step-mom who helped raise 3 children falsely filed a RO, on behalf of herself, the 3 children she has no rights to, and the 3 children that are hers biologically. She is keeping the oldest 3 away from biological father that has custodial rights. As well as lying to the courts about domestic abuse where there is proof that the father was unable to move without assistance. Photo proof of domestic abuse of him by her, but none from him to her.
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1 ANSWER

Family Law Attorney serving Fayetteville, AR at Mediations by Canova
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  Per Ark. Code Ann. 9-15-201 of the Domestic Abuse Act, a petition for protective order can be filed by: A petition may be filed by: (1) Any adult family or household member on behalf of himself or herself; (2) Any adult family or household member on behalf of another family or household member who is a minor, including a married minor; (3) Any adult family or household member on behalf of another family or household member who has been adjudicated an incompetent; or (4) An employee or volunteer of a domestic-violence shelter or program on behalf of a minor, including a married minor. "Household members", as defined in Ark. Code Ann. 9-15-103 of the Domestic Abuse Act, includes: “Family or household members” means spouses, former spouses, parents and children, persons related by blood within the fourth degree of consanguinity, in-laws, any children residing in the household, persons who presently or in the past have resided or cohabited together, persons who have or have had a child in common, and persons who are presently or in the past have been in a dating relationship together." Step mom may qualify to fit in category 2 as a person who can apply for a protective order as "any adult family or household member on behalf of another family or household member who is a minor. " The more appropriate person to file would definetely be a parent on behalf of their own child, in my opinion, but she may be able to proceed as a household member filing on behalf of a household member as a minor.  This is not the anwer you are looking for but this is the most accurate reading of the law.
Answered on Aug 29th, 2022 at 9:55 AM

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