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If I understand correctly,Isn't the temporary domesti order  a restraining order regardless if she was not in the state at the time

so If I uderstand correctly I should file for a restraining order tomarrow and on what should I base this restraining order on, solely that she took the kids?

I have resided in New Mexico with my wife and 2 kids ( 7 daughter, & 14 mo. son) since 2002. Me and my wife seperated on the 6th of december after discovery of her affair. We did sign a seperation agreement that stated niether would take the kids out of state without permition, which is noterized but was not filed.
  On the 16th I called her and was informed that she has left and gone to connecticut where her family is. I have talked to my daughter but my son and I cant talk due to his age. on the 19th I did file for divorce and she has since been served

1. what are my chances of getting them back in the state?

2. should I seek full custody or joint in respects of keeping in state

 I went to see atty. he is in a tight nit of my fam I found out today which is why my dad presured me to go see him. he turned out to be really easy to talk to and knows how to handle this case. I feel so much better about my situation and had a big meal for the first time in 2 weeks. all I can say is the ball is rolling and it looks really good. the advice on the DV was good and thanks. no way did I do anything and am not going to plea it out, I will fight it and stick with not guilty. to clearify she did not file DV against me the state did and against her too. she has a cort date next week. there is a police report and she even admitted to hitting me in it. my lawyer made me feel confident I have a really good case, between the noterized doc, her mental health issues, the infadelity and how it has alienated my daughter against me, and a slew of other small thing that all add up. keep your finger crossed for me and say a prayer as I do for all us father out there that only care for the best for their kids, and thanks for all the responce. it has helped. I will post updates and continue to read the bords

god bless

I am going to my first consoltation today.$150 bucks, and I know that dosen't sound like much, but I am scaired I will not have the money to retain. she has her rich gandparents to pay all her legal fees. anyway I do have a question for anyone who can help. I am tempted to plea no contest and take a class but I am afraid it will look bad for custody. I think I should fight it all the way because I did nothing wrong. also I heard through the vine that she has a lawer who is going to file a motion to let her stay in ct due to abuse but there was never any. I am told she will have to prove it, but its been 2 and half weeks since I have seen my kids. she dosent let them call and I only get to talk to them when there at my mother inlaws, which is very rear. and when it comes to my son, I can't even talk. I feel them slipping away and I am so afraid that he wont remember me. also how dose a default order work, thanks

 I am sitting here in a world of heart. On december 6th I climed into bed next to my wife. she ( like she alway did ) was wairing her cell phone around her neck on a lanyard and it was blinking indicating a txt message. she was sound asleep and couriosity got the best of me. I slowly reached over and opened the phone and read " well my eyes are closing babe, I will call you tomarrow when he leaves" that was when she woke up and asked what the hell I was doing, I then asked about the message and she said it was her brother. I managed to get the phone of the lanyard and continued to look through it. I found pictures of her and a guy sitting cuddled up on my couch in my living room. to make a long storie short we got into a tugawar over the phone and it broke. I then left. she showed up at my fathers house demanding I give her my phone I refused and she went to the pay phone and called the cops. we both now have court dates for domestic violence.
   Later that week she and I signed and noterized a marital seperation agreement stipulating she would not take the kids out of state with out my permition. I did not get it filed because we had been talking and I thought there might be a chance for repair. on the 16th I tried to call her all day and only got the voice mail. at around 4 pm she finally awnsered and I ask if I could come over to talk. she then told me "I'm not there" she caught a plain early that morning and flew to connecticut. I have since discovered that she has been having this affair for close to 6 mo. she had gotten im a cell phone on her account and told me  it was for her brother. a bill which I had been paying. I have learned that this all started on the internet and that he had moved down here from indiana mounths ago. he is 20 years old , dosn't have a job or anything to offer, but she has chosen to take him with her to connecticut.  All I want is my kids back in the state where I can have a relationship. I have a 7 year old daughter and a 14 mounth old sone. I have talked to my daughter and told her I love her and miss her but I am so afraid my son will never know me. that monday I filed for divorce but due to the holidays I can not get intouch with my lawer. Hope to have some rights to atleast get the kids back here so I can see them