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 Oregon, a protective order, commonly referred to as a restraining order, is a legal injunction issued by a court to protect individuals from domestic violence, stalking, harassment, or abuse. Oregon law provides for several types of protective orders, including Family Abuse Prevention Act (FAPA) restraining orders, which are specifically designed to protect individuals from abuse by family members, household members, or intimate partners. These orders can prohibit contact, require the respondent to stay away from the petitioner, and may include provisions related to custody of children and possession of firearms. An ex parte temporary protective order can be issued without prior notice to the respondent if there is an immediate danger of abuse; it is temporary and a hearing is scheduled usually within 21 days to determine if a more permanent order is necessary. The respondent is notified of this hearing when served with the ex parte order. Oregon law also prohibits individuals subject to certain protective orders from possessing firearms. It is important for individuals seeking or subject to a protective order in Oregon to consult with an attorney to understand their rights and obligations under the state's specific statutes.