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 Nevada, a protective order, commonly referred to as a restraining order, is a legal directive issued by a court to prevent acts of domestic violence or harassment by one spouse or intimate partner against the other. Nevada law allows for the issuance of temporary ex parte protective orders in emergency situations where there is an immediate threat of harm, and these orders can be granted without the presence or knowledge of the other party. These temporary orders are typically in effect for up to 30 days, during which a hearing is scheduled to determine if a more permanent order is necessary. The protective order can include provisions such as prohibiting contact, maintaining a certain distance from the other spouse, and restrictions on firearm possession, even if the individual has a license to carry a firearm. The issuance of a protective order in Nevada generally requires evidence of threats, harassment, stalking, domestic abuse, or sexual violence. The relevant statutes can be found in Nevada's family law and domestic relations codes.