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 Florida, a protective order, commonly referred to as a restraining order, is a legal injunction issued by a court to protect individuals from domestic violence, which includes spouses in the process of divorce, intimate partners, or family members. Florida law provides for different types of protective orders, including temporary injunctions, which can be granted on an ex parte basis. This means the order can be issued without the presence of the other party, based on an immediate danger or if there is evidence of abuse or harassment. These temporary orders are typically in effect until a full hearing can be held, where both parties have the opportunity to present their case. If the court finds sufficient grounds, it may issue a final injunction, which can include various restrictions such as no contact, staying a certain distance away from the petitioner, and prohibitions on possessing firearms, even if the respondent is otherwise licensed to carry one. The specific statutes governing protective orders in Florida can be found in the Florida Family Code, particularly under Chapter 741, which deals with domestic violence.