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 West Virginia, a protective order, also known as a domestic violence protective order, can be issued by the court to protect individuals from abuse or harassment by a spouse during divorce proceedings or from other intimate partners. These orders can mandate that the individual refrain from contacting the victim, maintain a certain distance from them, and may even prohibit the possession of firearms, regardless of whether the individual has a license to carry one. West Virginia allows for the issuance of ex parte temporary protective orders in emergency situations where the victim is at immediate risk. These orders are granted without prior notice to the alleged abuser and are temporary until a full hearing can be held. At this hearing, both parties can present their case, and the court may decide to issue a more permanent order of protection. The laws governing protective orders in West Virginia are primarily found in the state's domestic relations statutes and are typically granted upon evidence of domestic violence, stalking, harassment, sexual abuse, or assault.