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.
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- California
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- Answered
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.
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