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 Michigan, a restraining order, commonly referred to as a Personal Protection Order (PPO), is a legal injunction that prevents one person from contacting or coming near another person. This is particularly relevant in cases involving spouses going through a divorce or other intimate partners. Michigan law allows for the issuance of PPOs to protect individuals from threats, stalking, harassment, assault, or domestic violence. An ex parte PPO can be issued without prior notice to the other party if the court deems there is a serious or immediate threat to the safety of the individual requesting the order. This temporary order is effective immediately upon issuance and remains in effect until a hearing can be held, typically within 14 days, where the respondent can contest the order. If the court finds sufficient evidence of danger or abuse, it may grant a more permanent PPO, which can last up to a year and may be extended under certain circumstances. Additionally, under Michigan law, individuals with PPOs against them may be required to surrender their firearms, even if they are otherwise legally entitled to possess them.