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 Colorado, a protective order, commonly referred to as a restraining order, is a legal directive issued by a court to prevent acts of domestic violence, harassment, stalking, sexual abuse, or assault. Colorado law allows for the issuance of both temporary (ex parte) and permanent protective orders. An ex parte protective order can be granted without the presence of the other party and is typically used in emergency situations where immediate protection is necessary. This temporary order is effective for a short period, usually until a formal hearing can be held. At the hearing, both parties have the opportunity to present their case, and the court will decide whether to issue a more permanent order of protection. Additionally, a protective order in Colorado may include provisions that prohibit the restrained person from coming within a certain distance of the protected individual, contacting them, or possessing firearms, even if they are otherwise licensed to carry. The specific statutes governing protective orders in Colorado can be found in the Colorado Revised Statutes under the family or domestic relations sections.