A Preliminary Injunction is automatically issued whenever a Petition for Dissolution of Marriage is filed. The injunction orders that neither molest nor harass the other. However, when one of the parties still uses violence against the other, the usual procedure is to obtain a temporary restraining order to exclude the other from the residence.
Some lawyers advise their clients to live elsewhere until the court hearing.
In regards to child custody, the court will consider evidence of domestic violence as being contrary to the best interests of the child. If the court finds that domestic violence has occurred, the court shall make arrangements for visitation that best protect the child and the abused spouse. When domestic violence occurs, the victim may file a petition for an order of protection in the superior or justice court. However, if a dissolution of marriage is proceeding, the order of protection must be obtained through the superior court in which the dissolution is pending. Once the victim obtains an order or injunction, he or she must serve the order or injunction on the other party.