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 North Carolina, a protective order, commonly referred to as a Domestic Violence Protective Order (DVPO) or a 50B order, can be issued to protect individuals from abuse by a current or former spouse, intimate partner, or other family or household members. These orders can mandate that the abuser refrain from approaching or contacting the victim, vacate a shared residence, and possibly surrender firearms, even if they are otherwise legally entitled to possess them. North Carolina law allows for ex parte temporary protective orders to be issued in emergency situations without the abuser's knowledge or presence in court. These temporary orders are typically valid for up to 10 days, at which point a full hearing is scheduled where both parties can present their case before a judge. The issuance of a protective order generally requires evidence of acts of domestic violence, which can include physical harm, fear of serious imminent harm, harassment, stalking, or sexual assault. The relevant statutes can be found in the North Carolina General Statutes, specifically in Chapter 50B, 'Domestic Violence'.