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 Indiana, a protective order, also known as a restraining order, is a legal directive issued by a court to prevent one individual from contacting or coming near another, particularly in cases involving domestic or family violence, stalking, harassment, or sexual offenses. During divorce proceedings or between intimate partners, such orders are crucial to ensure the safety of individuals who may be at risk. Indiana law allows for the issuance of an ex parte temporary protective order in emergency situations, which can be granted without the presence or knowledge of the other party. This temporary order is effective for a specific number of days and is intended to provide immediate protection until a full hearing can be held. At the hearing, both parties, including the respondent with their attorney, have the opportunity to present their case before the court decides on a more permanent order of protection. Indiana's protective order laws are primarily found in the state's family and domestic relations statutes. It's important to note that under certain circumstances, an individual subject to a protective order may also be prohibited from possessing a firearm, even if they are otherwise licensed to carry one.