Restraining orders have long been utilized as a tool in divorce lawyer’s bag of tricks. However, in this commonsense decision, mediation is not available to parties were a final restraining order is in effect. As such, utilizing a final restraining order or any order of restraint can easily stymie and hinder a divorce proceeding for moving forward in an amicable fashion. Obviously, temporary restraining orders in some cases are necessary to assure protection from physical harm in abusive relationships. However any attorney with integrity would have to admit that far too often the use of temporary and final restraining orders is a process which is abused. In the end, when a couple genuinely seeks to divorce, the best outcome both parties have been able to work towards a fair settlement together.
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Court Bars Ordering Abuse Victims to Post-Divorce Mediation
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