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 Minnesota, a protective order, commonly referred to as an Order for Protection (OFP), can be issued during divorce proceedings or between intimate partners to prevent one party from coming near or contacting the other. This order can also restrict the restrained party from possessing firearms, even if they are otherwise licensed to do so. Minnesota law allows for the issuance of an ex parte temporary protective order in emergency situations without prior notice to the restrained party, providing immediate protection. The restrained party is then served with the order and notified of a hearing date for a more permanent OFP. The criteria for issuing a protective order in Minnesota typically require evidence of domestic abuse, which includes physical harm, fear of imminent physical harm, or forced sexual contact, among other forms of abuse. The relevant statutes can be found in sections 518B.01 of the Minnesota Statutes, which outline the process for obtaining an OFP, the required proof, and the consequences of violating such an order.