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    law4ourage's Avatar
    law4ourage Posts: 3, Reputation: 1
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    #1

    Jun 23, 2010, 12:48 PM
    Can we mediate in California if we have mutual TROs with stay-away orders?
    My ex-finance and I both got TROs after our breakup, both with stay-away orders. Hearings are pending. We would like to mediate our issues, and then dismiss the RO cases. How can we meet with the mediator without violating the stay-away restraints?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 23, 2010, 01:39 PM

    I don't know about California - in NY you cannot. You have to go back to Court, one at a time, and ask that the TRO's be lifted.

    Then you can meet with the mediator.

    If you do NOT lift the TRO's either one of you can report the other for violating the Order.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jun 23, 2010, 01:49 PM
    Quote Originally Posted by law4ourage View Post
    My ex-finance and I both got TROs after our breakup, both with stay-away orders. Hearings are pending. We would like to mediate our issues, and then dismiss the RO cases. How can we meet with the mediator without violating the stay-away restraints?
    Most mediations I've been to have been like this:

    Mediator meets with each party separately, back and forth.
    Only when parties come to an agreement do the parties meet together.
    So simly leave out the "meet together" step.
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