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 Pennsylvania, a protective order, commonly referred to as a Protection From Abuse (PFA) order, is a legal injunction that provides protection for individuals who are victims of domestic violence, stalking, harassment, or sexual assault. The PFA order can prohibit the abuser from contacting the victim, entering the victim's residence, school, business, or place of employment, and may also remove the abuser from a shared residence. Additionally, the order can require the abuser to relinquish firearms, even if they are licensed to carry them. Pennsylvania courts can issue an ex parte temporary PFA order in emergency situations without prior notice to the abuser, providing immediate protection to the victim. This temporary order is typically in effect for up to ten business days, during which a hearing is scheduled to determine if a final PFA order, which can last up to three years, should be granted. The abuser is served with the temporary order and notified of the hearing date. The issuance of a PFA order is based on evidence of abuse or threats, and the process is outlined in the Pennsylvania Protection From Abuse Act, which can be found in the Pennsylvania Consolidated Statutes.