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 Maine, a protective order, also known as a restraining order, is a legal directive issued by a court to protect individuals from abuse, harassment, or threats by a spouse or intimate partner, especially during divorce proceedings. Maine law allows for the issuance of temporary protective orders on an ex parte basis, which means the order can be granted without the other party's presence or knowledge if there is an immediate risk of harm. These temporary orders are typically in effect for a short period, usually until a full court hearing can be held where both parties have the opportunity to be heard. At the hearing, the court will decide whether to issue a more permanent order of protection. Under Maine law, protective orders can include provisions that prohibit contact, harassment, and maintaining a certain distance from the petitioner. Additionally, the orders can restrict the respondent from possessing firearms, even if they are otherwise legally entitled to carry them. The statutes governing protective orders in Maine can be found in the Maine Revised Statutes, particularly within the sections dealing with domestic relations and family law. The issuance of protective orders is generally predicated on evidence of domestic violence, stalking, harassment, sexual abuse, or assault.