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 Vermont, a protective order, also known as a relief from abuse order, is a legal injunction issued by a court to protect individuals from domestic violence, stalking, sexual assault, or serious bodily harm from family or household members, including spouses. These orders can prohibit the respondent from contacting, harassing, or coming within a certain distance of the petitioner. Vermont law allows for the issuance of temporary ex parte orders in emergency situations without prior notice to the respondent, providing immediate protection. These temporary orders are typically in effect until a full court hearing can be held, usually within 14 days, where both parties can present their case. If the court finds sufficient evidence of abuse or threat, it may issue a final order, which can last up to one year and may be extended. Additionally, under federal law, individuals subject to protective orders may be prohibited from possessing firearms. Vermont's statutes regarding protective orders can be found in the state's domestic relations code, and individuals seeking such orders are advised to consult with an attorney to navigate the legal process.