Does a DV arrest per se end the CL process?

  • From: "Lawlady" <stefani@xxxxxxxxxxx>
  • To: <CollabLaw@xxxxxxxxxxxxxxx>
  • Date: Mon, 3 Mar 2008 13:18:34 -0800

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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