Fremont, CA asked in Domestic Violence and Family Law for California

Q: As a DV victim which is preferable: mediation settlement agreement or continue with court to get restraining order?

I filed for DVRO and legal separation case together (got TRO). We have 2 kids. Child abuse involved.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: When dealing with domestic violence, especially when child abuse is involved, your primary concern should be the safety of you and your children. A court-issued restraining order provides legal protection and can enforce boundaries, which might be crucial if you fear ongoing harm. Mediation, on the other hand, typically involves negotiation and compromise, which may not be appropriate in situations where power imbalances due to abuse exist.

If you feel that mediation could expose you to further manipulation or threats, it might not be the safest route. A court can provide a more structured environment where your concerns are heard, and protective measures can be put in place without pressure to agree to terms that might not be in your best interest.

Consider how confident you are that the court will provide the protection you need, and how safe you feel engaging in mediation with your abuser. Your safety and your children’s well-being should guide your decision.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.