Negosiating as a respondent

David Ruyle 03/31/2025

Negosiating as a respondent

Unless you are in the very slim percentage of people with restraining orders, you never want to see or have anything to do with the other person. Unfortunately, if you are the Respondent, you are not allowed to communicate or come near the Petitioner. This includes negotiating. It is arguable that offers in compromise is allowed between parties if one is not represented by counsel but I never advise to take the chance. An attorney has the authorNameity to contact the other party on your behalf to try and resolve the issues before and/or without a trial/hearing. The core of any agreement in this situation is there is typically a mutual stay away from each other and a mutual do not contact the other. The agreement can be verbal or written. A written agreement is best but should be drafted by a professional that is familiar with your case. The attorney contacting the other party on your behalf is able to take the emotion out of the case and present in a fashion the conveys the intent to resolve and end any conflict not encourage it. If the Petitioner does not have an attorney that person can still sign off on anything agreed upon as long as they have been given ample notice and time to have it reviewed. If the opposing side has an attorney then that has often been the most likely scenario to result in a pre-trial resolution but again that takes a certain finesse that an experienced attorney will have. Again, you want this over sooner than later, an attorney can not only help explain the process but act on your behalf to help resolve things faster.

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