Greetings. First, please make sure that you contact your local law enforcement agency EVERYTIME he breaches the domestic violence restraining order. Your safety is the most important thing you should worry about right now.
There is no “best time” to file for custody. Does the domestic violence restraining order grant you custody?
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.