Lindsay Lowhand lives by herself now. She works as a

dance instructor.

Her former girlfriend$/$spouse$,$ Celine Done and her split

up and are in a messy conflict over how to split up

property. They lived together common law for $8$ years.

Ms$.$ Lowhand makes $$60,000$ per year, Ms$.$ Dionne,

$$90\mathrm{.}000$ per year although both are self employed.

Ms$.$ Lowhand and Ms$.$ Done both own the home equally

and it is a $2$ bed$-$room bungalow but they are not sure of

the value of it$.$

Ms$.$ Done currently is staying with her girlfriend but

wants to move back in the basement as they both want

to live in the house and wait another year or two before

selling the house as the real estate market is slow.

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Ms$.$ L says Ms$.$ D has hurt her in the past including

choking her, putting her in a head lock, threw her to the

ground, slapped her face, at one time pinned her on the

ground and pinched her until she cried and went through

her purse, and forced her to show internet letters she

sent other people she may have been seeing while

bending her arm behind her back.

So Ms$.$ L fears for her safety.

Ms$.$ L has come to you and stated, She is $23,5$ feet $1$ inch

inch tall and $118$ pounds.

Ms D is $100$ pounds but $5$ feet $11$ inches and is $58$ years

of age and is a former dancer.

Ms$.$ D has come over to the former house where she

lived with Ms$.$ L a few times and each time there have

been heated exchanges and in the last one Ms$.$ D

grabbed Ms$.$ L$$s hands and held them very tightly and

bruised her arm pulling it behind her and pulled her hair

back and said she would hurt her if she kept up this

nonsense and claimed she was only defending herself

from Ms$.$ L$.$

Ms$.$ D owns a motorcycle stored in the garage, exercise

equipment, a t$.$v$.,$ stereo, clothes, furniture in the house.

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Ms$.$ L claims Ms$.$ D was simply jealous she had moved on$.$

However Ms$.$ D said her sole concern was getting her

property back and that Ms$.$ L begs her to stay overnight

and while they are separate and have had fights have

also at times been intimate even though both have new

girlfriends.

Ms$.$ D showed up the last time with her new girlfriend

Charlotte F who served as a mediator of sorts and Ms$.$ L

has no problems with her just Ms$.$ D$.$

Ms$.$ L$$s new girlfriend Tuesday Gomez has gotten into

some fights with Ms$.$ D and also Ms$.$ Paris Hill another

girlfriend of Ms$.$ L and Paris H also does not like Ms$.$ D$.$

Ms$.$ L wants your advise on what it would mean to get a

restraint order and whether it could work in this case.

For $7\mathrm{.}5$ marks and given the facts you have explain both

the procedures for getting a restraint order and what

kinds of information Ms$.$ L would be required to provide

the court and what kinds of consideration the court

official granting any restraint order might consider.

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Then for another $7\mathrm{.}5$ marks and based on the same

scenario Ms$.$ L has asked you what is mediation and

whether it should be used to try resolve the property

issues.

Ms$.$ L says they really don$$t have that many

disagreements over the property but they need to

identify what each wants and avoid any screaming and

fighting.

Ms$.$ F did come to visit one time but said nothing and

said she was only their help carry a sofa but at that time

Ms$.$ L felt nervous and did not want to give it and Ms$.$D

said she does not want to move in with Ms$.$ F at this

point.

Explain mediation and what a PROPOSED property

agreement could do and explain whether its enforceable

or has to be filed in court.