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 Massachusetts, a protective order, commonly referred to as a restraining order, is a legal directive issued by a court to protect individuals from abuse or harassment by a spouse or intimate partner, especially during divorce proceedings. Under Massachusetts law, a person can apply for a 209A Protective Order, which is designed to protect individuals from domestic violence by a family or household member, including a spouse. This order can prohibit the abuser from contacting the victim, require them to stay away from the victim's residence or workplace, and surrender firearms. Massachusetts also allows for emergency protective orders, known as ex parte orders, which can be issued without the presence of the alleged abuser when there is a substantial risk of immediate danger. These temporary orders are typically in effect until a full court hearing can be held, usually within 10 days, where both parties can present their case. The laws governing protective orders in Massachusetts can be found in the General Laws of Massachusetts, particularly in the sections dealing with domestic relations and abuse prevention.