A restraining order—also known as a protective order, a stay away order of protection, or an order of protection—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 Georgia, a restraining order, also known as a protective order, is a legal directive issued by a court to protect individuals from abuse, harassment, or violence. These orders are commonly used in the context of divorce or between intimate partners. The order can prohibit the restrained person from contacting the victim, coming within a certain distance of them, and may include restrictions on firearm possession, even if the individual has a license to carry one. Georgia law 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, typically lasting up to 30 days. The respondent is served with the order and notified of the hearing date for the full protective order, which can extend the protections provided. The criteria for obtaining a protective order in Georgia include evidence of family violence, stalking, or harassment, as outlined in the Official Code of Georgia Annotated (O.C.G.A.) under Title 19, which deals with domestic relations, and specifically in Chapter 13, which addresses family violence. The process for obtaining a protective order involves filing a petition with the court, and it is advisable for individuals seeking such an order to consult with an attorney to navigate the legal requirements and to represent their interests in court.