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 Maryland, a protective order, commonly referred to as a restraining order, is a legal directive issued by a court to protect individuals from abuse or harassment by a current or former intimate partner or spouse. This order can mandate the abuser to stay away from the victim, cease contact, and refrain from harassment. It may also prohibit the abuser from possessing a firearm, even if they are otherwise licensed to carry one. Maryland 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 alleged abuser and is temporary, typically lasting until a full court hearing can be held. At this hearing, both parties may present their case, and the court will decide whether to issue a final protective order, which offers longer-term protection. The criteria for obtaining a protective order in Maryland include evidence of acts such as domestic violence, abuse, stalking, harassment, sexual abuse, or sexual assault. These regulations are found within the state's Family Law Article.