QUESTION

If a party violates terms of a mediated agreement is it best to only pursue a restraining order, or also seek damages?

Asked on Jun 06th, 2017 on Civil Litigation - South Carolina
More details to this question:
This is a noise violation that has occurred during my working hours for approximately 3 months. Initially the city was involved and we believed there might be a court order, so we were waiting for that. In the meantime, the terms of the agreement were violated on a daily basis, interrupting my ability to work, which was the purpose of the agreement in the first place. (The agreement was made because our neighbor was facing criminal charges for this behavior- we dropped the charges when we came to the agreement and he appeared to be abiding by them) Thank you, Jen
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I don't know what damages you can prove, but if you have suffered ascertainable monetary damages, why would you choose one or the other?  Seek both.
Answered on Jun 06th, 2017 at 2:11 PM

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