Divorced couples cannot be required to resolve their post-divorce disputes through mediation if there has been an entry of a final restraining order based on a finding of domestic violence, even if existing property settlement agreements call for disputes to be worked through by mediators, a New Jersey appeals court has ruled.
In a published opinion released April 1, a three-judge Appellate Division panel said requiring a victim of domestic violence to abide by an existing mediation agreement in a PSA runs afoul of protections afforded by the Prevention of Domestic Violence Act.
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