Non-Molestation Order against Addict

Hi all, I am preparing to file a nmo and occupation order vs my soon to be (in the process of divorcing) ex partner. The person is currently in rehab however being a voluntary program he could come out any time. He has been many times in the past and never stayed more than one month, relapsed within 2 months and both when sober and intoxicated was very aggressive, verbally abusive, controlling towards me + displayed unsafe with our young children (6, 4, 2) who he does love but he is unable when intoxicated to safeguard (drive them intoxicated, getting drunk in front of them, falling deep asleep from drugs in the living room etc). I want to ask for him to not live with our/enter it (owns apartment nearby) and only see kids with family member and properly tested until recovery os stronger. My lawyer says it’s a 50/50 I will get it because abuse was not physical. What’s your experience? Thank you