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 Hawaii, a protective order, also known as a restraining order, is a legal directive issued by a court to prevent one individual from contacting or coming near another, particularly in cases involving spouses undergoing divorce or other intimate partners. These orders are designed to protect individuals from harassment, abuse, or threats by prohibiting the restrained person from approaching, contacting, or possessing firearms, even if they are otherwise legally entitled to do so. Hawaii allows for the issuance of ex parte temporary protective orders in emergency situations where there is an immediate threat of harm. These orders are granted without prior notice to the other party and are temporary, typically lasting until a full hearing can be held. At this hearing, both parties may present their case, and the court will decide whether to issue a more permanent order of protection. The criteria for obtaining a protective order in Hawaii include evidence of domestic violence, abuse, stalking, harassment, sexual abuse, or sexual assault. The relevant laws can be found in the state's statutes, which outline the process for obtaining and enforcing protective orders.