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 New Jersey, a protective order, commonly referred to as a restraining order, is a legal injunction issued by the court to protect individuals from domestic violence, which includes but is not limited to harassment, stalking, sexual assault, and threats of harm. During divorce proceedings or between intimate partners, such 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 otherwise licensed to carry them. New Jersey courts can issue a temporary ex parte protective order in emergency situations without prior notice to the other party, which remains in effect until a full hearing can be held. At this hearing, both parties can present their case, and the court will decide whether to grant a final restraining order, which can be permanent in New Jersey. The issuance of protective orders in New Jersey is governed by the Prevention of Domestic Violence Act, which outlines the specific circumstances and evidence required for such orders to be granted.