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 North Carolina, a protective order, commonly referred to as a Domestic Violence Protective Order (DVPO) or a 50B order, can be issued to protect individuals experiencing domestic violence, which includes any form of physical harm, harassment, stalking, or sexual assault by a current or former household member or intimate partner. The state allows for ex parte temporary protective orders to be issued in emergency situations without the presence of the other party. These temporary orders are typically valid for up to 10 days, until a full hearing can be held where both parties have the opportunity to be heard. If the court finds sufficient evidence of domestic violence, it may issue a final DVPO, which can last up to one year and may be renewed. The order can include provisions such as no contact, eviction from a shared residence, and prohibition from purchasing or possessing a firearm. North Carolina's laws regarding protective orders are primarily found in Chapter 50B of the North Carolina General Statutes.