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 Michigan, a protective order, commonly referred to as a personal protection order (PPO), is a legal injunction that may be granted to prevent domestic violence, stalking, or harassment. During divorce proceedings or between intimate partners, a PPO can be issued to prohibit one party from approaching or contacting the other, and it may include restrictions such as not coming within a certain distance of the other spouse, not harassing them, and not contacting them through any means of communication. Additionally, the order can restrict the individual from possessing a firearm, even if they are otherwise licensed to carry one. Michigan courts can issue an ex parte temporary protective order in emergency situations without prior notice to the other party, which remains effective for a specified period. This temporary order is served with a notice of a hearing date, where the court will consider granting a more permanent protective order. The issuance of protective orders in Michigan is generally based on evidence of domestic violence, stalking, harassment, sexual abuse, or assault, and the relevant laws can be found within the state's statutes, particularly in sections related to family law and domestic relations.