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 Dakota, a protective order, also known as a restraining order, is a legal directive issued by a court to protect individuals from domestic violence, stalking, harassment, sexual abuse, or assault. During divorce proceedings or within other intimate partner relationships, these orders can mandate that one party refrain from contacting or coming within a certain distance of the other party, and may also prohibit the possession of firearms, even if the individual is licensed to carry one. North Dakota allows for the issuance of ex parte temporary protective orders in emergency situations where the safety of an individual is at risk. These orders are granted without prior notice to the other party and are temporary, typically remaining in effect until a full hearing can be held. At this hearing, both parties, including the party against whom the order is issued and their attorney, have the opportunity to present their case before a more permanent order is considered. The specific statutes governing protective orders in North Dakota can be found in the state's Century Code, particularly within sections related to domestic violence and family law.