Today I was successful in having a restraining order dismissed without future consequence to my client. This dismissal was obtained through negotiation and showing what both sides had to gain if the matter went forward on a contested basis. Although I have defeated the issuance of many restraining orders on a contested basis, bargained for justice is almost always the best route.
Although I felt confident I had the evidence to refute allegations against my client and impeachment against the petitioner, there is a always risk that a case can go the wrong way even with favorable facts and evidence.
Based on my experience, there is truth to don't tell me the law, tell me about the judge. Moving a case forward based on your or the client's ego is never a wise course to take if there are alternatives. This is particularly true in family law cases.
Today's case was particularly sad as it involved the emotion of two families torn apart by an affair. This case was unique as it was driven by the daughter of one of the affair participants. The proceedings were really a way for the child to get closure and for her voice to be heard. In the end everyone said their piece, some in tears, and parted with promises to do no harm to the other.
