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 Massachusetts, a protective order, commonly referred to as a restraining order, can be issued by a court to protect individuals during the divorce process or within other intimate relationships. The order can mandate that one party refrain from contacting or coming within a certain distance of the other, and may also prohibit the possession of firearms, even if the individual is licensed. Massachusetts allows for the issuance of ex parte temporary protective orders in emergency situations where there is an immediate risk of abuse. This type of order is granted without prior notice to the other party and is temporary, pending a full court hearing. At the hearing, the court will determine whether to issue a more permanent order of protection. The criteria for obtaining a protective order in Massachusetts typically involve evidence of abuse, harassment, stalking, or sexual assault. These regulations are found within the state's domestic relations statutes.