If there is domestic violence in any matter, the first focus of the attorney-client contact should be on curtailing that violence. That could be through a variety of mechanisms; it doesn’t have to be through a restraining order, but in many cases, a restraining order is needed.
There’s another option where you could enter into a civil restraint which is where the parties agree to end the turmoil. One party usually moves out of the home, and they create an agreement as to how they will interact with each other concerning the children or concerning the division of their assets.
However, the divorce should have no impact on whether or not the need for a restraining order exists.
Abigale M. Stolfe is a partner at Stolfe Zeigler, a boutique family law firm that obtains favorable outcomes for high-net-worth, complex, and litigious cases.