Can I get a restraining order on behalf of my daughter? Her mom's boyfriend, is abusive. She filed an assault but didn't

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Is your daughter a minor?

As long as your daughter is a minor, you would be able to go to court and file for a restraining order on her behalf.   She can make a police report before she becomes 18,    If she'd wanted the state to prosecute, she could have seen to that as well.    In civil court, however, to file the petition, she would need to be at least 18 or have a parent or guardian file this for her.

Another option, if you didn't want to take this to court, would be to alert Children's Services and have them investigate the boyfriend and the home environment.   The police may have even done that, as they are mandatory reporters.

Do you need me to clarify anything or to give you more information?

If you want just a civil order, you go to court, ask the clerk for the petition forms and fill it out, detailing the allegations that are the basis for her needing an order.   The clerk then will turn the form over to the judge who will read it.  If he determines that a person in your daughter's situation reasonably needs such a restraining order, he will grant a temporary hearing.  Then there would have to be a hearing, approximately 2 weeks later where they get a chance to try to lift the order and you try to make it permanent.

Yes, you can go to the police on your daughter's behalf, but if she's not interested in prosecuting and  testifying against her mother's boyfriend, the matter can't go anywhere.

You can also go to family court and petition for a modification of whatever your custody order is and seek to prevent him from being in the home when your daughter is there.

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