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 Maryland, a restraining order, commonly referred to as a protective order, is a legal directive issued by a court to protect individuals from abuse or harassment during the divorce process or within other intimate relationships. These orders can mandate that one party refrain from contacting or coming near the other, and may include prohibitions on firearm possession, even if the individual is licensed. Maryland law allows for the issuance of an ex parte temporary protective order in emergency situations, which is effective immediately and is granted without prior notice to the other party. This temporary order includes a hearing date for when the court will consider granting a full protective order. The criteria for obtaining a protective order in Maryland typically require evidence of domestic violence, abuse, stalking, harassment, sexual abuse, or sexual assault. The relevant statutes can be found in the state's family law or domestic relations sections. It is important for individuals seeking or affected by a protective order to consult with an attorney to understand their rights and obligations under Maryland law.