South Carolina Law Review Volume 48 Issue 3 Article 2 Spring 1997 Squabbling in the Shadows: What the Law Can Learn from the Way Divorcing Couples Use Protective Orders as Bargaining Chips in Domestic Spats and Child Custody Mediation Randy F. Kandel Yale Law School Follow this and additional works at: https://scholarcommons.sc.edu/sclr Part of the Law Commons Recommended Citation Randy Frances Kandel, Squabbling in the Shadows: What the Law Can Learn from the Way Divorcing Couples Use Protective Orders as Bargaining Chips in Domestic Spats and Child Custody Mediation, 48 S. C. L. Rev. 441 (1997). This Article is brought to you by the Law Reviews and Journals at Scholar Commons. It has been accepted for inclusion in South Carolina Law Review by an authorized editor of Scholar Commons. For more information, please contact
[email protected]. Kandel: Squabbling in the Shadows: What the Law Can Learn from the Way Di SOUTH CAROLINA LAW REVIEW VOLUME 48 SPRING 1997 NUMBER 3 SQUABBLING IN THE SHADOWS: WHAT THE LAW CAN LEARN FROM THE WAY DIVORCING COUPLES USE PROTECTIVE ORDERS AS BARGAINING CHIPs IN DOMESTIC SPATS AND CHILD CUSTODY MEDIATION Randy FrancesKandel' I. INTRODUCTION ................................ 441 II. PROTECTIVE ORDERS IN INTIMATE ARGUMENTS .......... 445 A. Arguing About Protective Orders ................ 445 B. "This Is My House; This Is My Son:" The Case of David and Shoshanna ............... 450 C. "Safe from Screaming:" The Case of John and Laura .... 456 II. PROTECTIVE ORDER TALK AT MEDIATION ............. 462 A. Safeguards; Nexus Tests; and Time, Place, and MannerRestrictions ........................ 462 B. "This Is My House; This Is My Son:" The Case of David and Shoshanna ..............