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 Vermont, a protective order, also known as a relief from abuse order, is a legal directive issued by a court to protect individuals from abuse by family or household members, which can include spouses going through a divorce. Vermont law allows for the issuance of temporary (ex parte) protective orders without the presence of the alleged abuser when there is an immediate danger of abuse. These temporary orders are typically in effect until a full court hearing can be held, usually within 14 days, where the respondent can contest the order. At the hearing, the court may grant a final order, which can last up to a year and may be extended. Protective orders in Vermont can include provisions that prohibit the respondent from contacting the petitioner, coming within a certain distance of them, and may also prohibit the possession of firearms, even if the respondent is otherwise licensed to carry them. The criteria for obtaining a protective order include evidence of domestic violence, stalking, sexual assault, or serious bodily injury among others. These regulations are found within Vermont's domestic relations statutes.