The most critical thing in any divorce is the action you take to respond to your spouse or the action that you initiate. For example, if you are thinking about getting a domestic violence restraining order against your spouse, there are numerous things you should consider. First, a domestic violence order will result in a presumption regarding custody. It could also result in a kick-out order from your home, or it could exclude your spouse from specific areas. It is critical to decide whether or not the domestic violence order is something you want to seek because it could have ramifications that you have not even considered.
The way that you respond to a domestic violence application against you is critical, because there are many options that you can take other than just responding to the actual order. You could file your own restraining order. You could ask that the restraining order be modified or set aside before you go to court in 15 days. All those actions should be taken before your first appearance in court to make the most of your position.
If you are not responding to a domestic violence restraining order and you are considering filing for divorce, you are going to be initiating the divorce. You must consider whether or not a domestic violence order or a kick-out order from the family residence is an option. That decision could affect a number of things: 1) whether or not you are going to end up with sole legal custody, 2) whether or not you are going to end up with sole physical custody, or 3) whether or not you are going to be given a presumption that the other spouse is not entitled to a joint custody order.
When you are considering all the remedies available to you before initiating a divorce, it is critical that you see an attorney and that you consider the different options available. Having an experienced attorney who has 35 years of experience, who has dealt with high-conflict litigation her entire career, both high assets and low assets, is someone you want to at least talk to before you initiate a divorce filing.