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 Delaware, a protective order, also known as a restraining order, is a legal directive issued by a court to protect individuals from abuse, harassment, or threats by a spouse during a divorce process or from an intimate partner. These orders can mandate that the respondent maintain a certain distance from the petitioner, cease contact, and refrain from harassment. Additionally, the order may prohibit the respondent from possessing firearms, even if they are otherwise licensed to carry them. Delaware courts can issue an ex parte temporary protective order in emergency situations without prior notice to the respondent. This temporary order is effective immediately and remains in place until a full hearing can be conducted. At the hearing, both parties can present their case, and the court will decide whether to issue a more permanent order of protection. The issuance of protective orders in Delaware typically requires evidence of domestic violence, abuse, stalking, harassment, sexual abuse, or sexual assault. The relevant laws can be found in the state's statutes, which may be part of the family code or domestic relations code.