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 Montana, a protective order, also known as an order of protection, is a legal injunction issued by a court to protect individuals from domestic violence, stalking, harassment, or other forms of abuse. These orders can prohibit the offending spouse or intimate partner from contacting the protected individual, coming within a certain distance of them, and may include restrictions on firearm possession, even if the individual is otherwise licensed to carry a firearm. Montana law allows for the issuance of temporary ex parte protective orders in emergency situations without prior notice to the other party. These temporary orders are effective immediately upon service and remain in place until a full hearing can be held. At the hearing, both parties may present their case, and the court will decide whether to grant a more permanent order of protection. The requirements and procedures for obtaining a protective order in Montana are outlined in the Montana Code Annotated (MCA), particularly in the sections dealing with family law and domestic violence.