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 Georgia, a protective order, also known as a restraining order, is a legal injunction issued by a court to protect individuals from domestic violence, stalking, harassment, or abuse. These orders can prohibit the offending party from contacting the victim, coming within a certain distance of them, and may include other specific conditions such as not possessing a firearm, even if the individual has a license for it. Georgia law allows for the issuance of an ex parte temporary protective order in emergency situations where the victim is at immediate risk. This type of order is granted without prior notice to the other party and is temporary, typically lasting up to 30 days. The order will include a hearing date for the court to consider a more permanent protective order. The laws governing protective orders in Georgia can be found in the Family Violence Act, which is part of the Official Code of Georgia Annotated (O.C.G.A.). To obtain a protective order, the petitioner must provide evidence of family or dating violence, domestic abuse, stalking, harassment, sexual abuse, or sexual assault.