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 New York State, a protective order, also known as an order of protection, can be issued during divorce proceedings or between intimate partners to prevent one party from coming into contact with the other. This order can mandate that the individual stay a certain distance away, refrain from harassment, and cease all forms of communication with the protected individual. Additionally, the order can prohibit the possession of firearms, even if the individual has a license. New York courts may issue a temporary ex parte protective order in emergency situations without prior notice to the other party, which remains effective for a specified period until a full hearing can be held. At the hearing, both parties can present their cases, often with the assistance of their attorneys. The issuance of protective orders in New York typically requires evidence of domestic violence, abuse, stalking, harassment, sexual abuse, or sexual assault. These regulations are found within the state's family or domestic relations statutes.