My girlfriend is almost 17 i am 26, I am in love with her, i would give my life for that girl. We are both hispanic and our concept of this relationship is quiet normal. Her parents want the best for her, and filed a restraining order against me fall 2005, year ago. We did not violated it but her father decided to extend it even tough she was already 16 1/2. Then we stayed in touched during this year and i got arrested when i was found with her, what can i do now?
is she legal to be with me?
can we take the restraining order away?

Since she is sixteen years of age, you most likely would not be charged with a sexual offense if arrested while together, as long as there is no evidence of sexual involvement prior to her sixteenth birthday (such as pregnancy;) however, there are many other laws that you could unknowingly violate and be held accountable for simply due to the nature of the adult/juvenile relationship and the fact that her parents maintain authority and object to your involvement with their daughter. Basically, if you do not have her parents permission, you are violating their authority over their (minor) child.

The sixteen year old has parents who take their parental obligations, rights and responsibilities very seriously when it comes to the welfare of their daughter.

A 16 year old is a "minor child" in the State of Washington. She remains a minor child until the age of 18. As long as she is under the age of 18, her parents have legal responsibility and authority over her. The only exception to this would be if the court grants the juvenile rights as an adult under the emancipation process; or, the minor becomes a ward of the court until the age of 18.

Your questions:

(1.) I got arrested when I was found with her, what can I do now?

It is imperative that you follow the law with regard to this restraining order and take care of any legal obligations that have developed as a result of your arrest. Do not miss any court dates. Get representation by an attorney (you have a legal right to representation by a court appointed attorney if you can not afford a private attorney.)

Focus on taking care of this legal obligation. Violating a restraining order where a minor child is involved can lead to serious trouble. Make sure the court knows that you are taking your obligation seriously and above all else, DO NOT violate the restraining order again. You could already be facing “criminal” and “contempt of court” charges.

Violation of a restraining order with actual knowledge of its terms can be considered a criminal offense and will subject the violator to arrest.

(2.) Is she legal to be with me?

No she is not. She is a minor and you are an adult. You need her parents consent to be involved in a relationship with their minor child.

This situation is not all that uncommon. Here is a typical scenario of what can happen to someone in your situation: This is just an example.

The 16 year old gets mad at her parents and runs away from home. Her parents report her missing to the police and tell the police they suspect she is with you. She is now breaking the law as a runaway. She is found at your residence or found with you. She is arrested as a juvenile runaway and is returned to her parents custody. You are arrested for violating the restraining order a second time, contributing to the delinquency of a minor, aiding a runaway; if she consumed alcohol at your residence you may also charged with distributing alcohol to a minor; the list of charges can multiply very quickly.

It can get very messy legally for adults who become involved in relationships with minors where parents assert their parental authority.

(3.) Can we take the restraining order away?

The respondent (you) may contest the Restraining Order and the court will schedule a hearing within a short amount of time. You need to go to the Washington Court clerk and request the court documents to file this. I would advise you to consult with an attorney before moving forward with this type of action.