A protective order—also known as a stay away order of protection, an order of protection, or a restraining order—is an order from the court requiring spouses in the divorce process (or other intimate partners) not to come within a specified distance of the other spouse, not to harass the other spouse, and not to contact the other spouse by phone, e-mail, text, or otherwise. A protective order may also order the spouse against whom it is issued not to carry a firearm—even if the spouse is licensed to do so.
Under some circumstances a court may issue an ex parte (pronounced x-par-tay) temporary protective order that is in effect for a certain number of days. An ex parte protective order is issued in an emergency situation without notice to the other spouse and an opportunity for the other spouse (and the spouse’s lawyer) to respond to the application for a protective order. When the spouse or intimate partner is served with the ex parte temporary protective order it will include notice of the hearing date on which the court will consider the application for the more permanent or full order of protection.
Laws regarding protective orders and the circumstances under which they may be issued vary from state to state but are generally based on proof of family or dating violence, domestic abuse, stalking, harassment, sexual abuse, or sexual assault. These laws are usually located in a state’s statutes—often in the family code or domestic relations code.
In Arkansas, a protective order, also known as an order of protection, is a legal injunction issued by the court to prevent acts of domestic violence, abuse, stalking, or harassment by one spouse or intimate partner against another. These orders can mandate that the offending party maintain a certain distance from the victim, cease communication, and refrain from harassment. Additionally, the order may prohibit the individual from possessing firearms, even if they are otherwise legally entitled to carry them. Arkansas courts can issue an ex parte temporary protective order in emergency situations without prior notice to the other party, which remains in effect for a specified period until a full hearing can be held. At this hearing, both parties can present their case, and the court may decide to issue a more permanent protective order. The legal framework for protective orders in Arkansas is typically found in the state's family or domestic relations statutes, and the issuance of such orders is predicated on evidence of domestic violence, abuse, or similar threats to the safety of individuals in intimate or familial relationships.