8.3.5 Mediation

The PSFVRA prohibits courts from ordering mediation in family violence cases.1  A party who shows that she or any of the children has been a victim of family violence perpetrated by the other spouse or parent may not be ordered to mediate a divorce, child custody, visitation, child support, or community property proceeding.2  This rule applies for any family violence case and does not require that there be a “history” of family violence.3

• 1La. R.S. 9:363.
• 2Id.
• 3Only the PSFVRA’s custodial presumption requires that petitioner show a “history” of family violence that includes either more than one incident of family violence, or one incident resulting in serious bodily injury. La. R.S. 9:364(A).