Hi Stefani,
I am new to collaborative but spent over 5 years as a DV victim attorney and
over 10 years in the field as an advocate/counselor, so wanted to chime in.
It is hard to advise without more information, but in my experience, an
arrest for DV generally involves more than alcohol and hot emotions, so my
guess is that there was some type of physical abuse or threat. If so, then
this case may need more intervention than an agreement to stop drinking by
the abuser spouse. Is there a history of DV? If so, does the
victim/survivor spouse have a strong coach who is familiar with DV dynamics?
Does the abuser spouse (if that is the case) take responsibility for the
abuse? What other steps are being taken to protect the parties and children
in this case (besides abstinence)? These are just some thoughts and I would
be happy to consult with you off list if you like.
Best,
Ariel
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Ariel B. Winger
Attorney at Law
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510-845-1209 (F)
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From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] On Behalf
Of Lawlady
Sent: Monday, March 03, 2008 1:19 PM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: [CollabLaw] Does a DV arrest per se end the CL process?
I have a tricky situation.
A client to a col law case was arrested and charged with Domestic Violence.
The couple has a parenting agreement as to dates/times and due to some
changes in the schedule, some hot emotions, and some potential drinking when
the client was not supposed to be drinking, the altercation happened. The
parenting plan provides for Plan B if there is drinking. One client says no
drinking occurred and this episode does not trigger Plan B. Do you think
that this arrest terminates the collaborative process per se? Must lawyers
withdraw? The clients are on the fence about whether to withdraw. I think
that the couple has been clear that they don't want to return to the divorce
coach on the case. We've used mediation in the past to reach a parenting
plan. Another option would be to return to mediation to discuss does Plan B
apply. One spouse feels this is ridiculous and a waste of time because
clearly the police report said alcohol was used.
Thank you.
Stefani Quane
206/932-9699
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