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 Illinois, a protective order, also known as an order of protection or restraining order, is a legal directive issued by a court to protect individuals from abuse or harassment by a spouse or intimate partner, especially during divorce proceedings. Illinois law allows for the issuance of both emergency and plenary (full) orders of protection. An emergency order of protection can be granted on an ex parte basis, meaning the respondent does not need to be present or notified in advance, and it can be put into effect immediately to provide immediate protection. This type of order typically lasts for 14 to 21 days, until a full hearing can be held. At the hearing, both parties may present their case, and the court may then decide to issue a plenary order of protection, which can last up to two years and may be renewed. These orders can include various provisions, such as prohibiting the respondent from coming near the petitioner, contacting them, or possessing a firearm, even if the respondent is licensed to carry one. The Illinois Domestic Violence Act of 1986 (750 ILCS 60/) governs the issuance of protective orders and outlines the legal standards and procedures for obtaining them. The Act is designed to address domestic violence, stalking, harassment, and other forms of abuse.