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 Kansas, a protective order, also known as a restraining order, is a legal directive issued by a court to protect individuals from abuse, harassment, or stalking by a spouse or intimate partner, especially during divorce proceedings. Kansas law allows for the issuance of both temporary ex parte protective orders, which can be granted without the presence of the other party and are typically used in emergency situations, and final protective orders after a full court hearing. The ex parte order is effective for a short period until a hearing can be held for the more permanent order. These orders can include provisions that prohibit contact, harassment, and coming within a certain distance of the protected individual. Additionally, the order may restrict the restrained person from possessing firearms, even if they are otherwise licensed to do so. The specific statutes governing protective orders in Kansas can be found in the Kansas Statutes Annotated (K.S.A.), particularly within the provisions related to family or domestic relations law. The issuance of protective orders is generally contingent upon evidence of domestic violence, abuse, stalking, or sexual assault.