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 Maryland, 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 current or former intimate partner or spouse. These orders can mandate that the respondent stay away from the petitioner, cease contact, and refrain from harassment or abuse. They may also prohibit the respondent from possessing firearms, even if they are otherwise licensed to do so. Maryland law allows for the issuance of an ex parte temporary protective order in emergency situations where the petitioner is at immediate risk. This type of order is granted without prior notice to the respondent and is temporary, typically lasting until a full court hearing can be held. At the subsequent hearing, both parties can present their case, and the court will decide whether to issue a final protective order, which can last for a longer duration. The grounds for obtaining a protective order in Maryland include evidence of acts such as domestic violence, abuse, stalking, harassment, sexual abuse, or sexual assault. The specific statutes governing protective orders in Maryland can be found in the Family Law Article of the Maryland Code.