Can a HS Guidance Counselor File a Restraining Order on Behalf of a Student

Updated on August 29, 2013
M.L. asks from New York, NY
10 answers

In New York City, a public high school student was hit by another student in the same school. The school guidance counselor filed a restraining order against the aggressor on behalf of the victim, without the victims and the parents consent. Can the school guidance counselor do that?

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Featured Answers

B.C.

answers from Norfolk on

He did, so apparently he can.
You might get some interesting/informed answers if you asked this on FindLaw.com

1 mom found this helpful

More Answers

F.W.

answers from Danville on

Well...

If they 'got' one...

Then apparently they can!

7 moms found this helpful

T.S.

answers from San Francisco on

Can you quote your source?

4 moms found this helpful
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S.H.

answers from Honolulu on

Ask the school's Principal.

2 moms found this helpful
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K.W.

answers from Seattle on

I certainly hope so.

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C.W.

answers from Santa Barbara on

The victim and the parents might have said no?

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C.O.

answers from Washington DC on

M.:

Welcome to mamapedia!!

This is an interesting first question! Are you one of the party involved?

If the police accepted the request, obviously he "can" do it.

It appears this question has been asked in a different forum as well.
http://answers.yahoo.com/question/index?qid=2013082912330...

You can contact the police department and a lawyer to find out your rights and what the counselor was within his/her rights to do.

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D..

answers from Miami on

I won't actually believe this story unless you cite a reliable news source. Please do that.

1 mom found this helpful
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H.W.

answers from Portland on

I am not a lawyer, nor do I play one on tv.
Did notice that you posted this on Yahoo. Did you notice that you got an answer on that post about 6 hours ago?

By the way, anyone can 'file' anything-- it does not mean that the order is granted. Just filed.

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G.B.

answers from Oklahoma City on

I would think that if the counselor did not have power of attorney over this youth that they cannot do anything legal in their name. I would think it would not be worth the paper it was written on.

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