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 Arizona, a protective order, also known as an order of protection or restraining order, is a legal injunction issued by a court to prevent acts of domestic violence or harassment by a spouse or intimate partner. These orders can prohibit the individual from coming near the protected person, contacting them, or possessing firearms, even if they are otherwise legally entitled to carry them. Arizona law allows for the issuance of an ex parte temporary protective order in emergency situations where the safety of an individual is at risk. This type of order is granted without prior notice to the other party and is temporary, typically lasting until a full court hearing can be held. At this hearing, both parties can present their case, and the court will decide whether to issue a more permanent order of protection. The criteria for obtaining a protective order in Arizona include evidence of domestic violence, such as physical abuse, threats, harassment, stalking, sexual abuse, or assault. These regulations are found within the state's statutes, particularly in sections related to family or domestic relations law.