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 Minnesota, a restraining order, also known as an Order for Protection (OFP), can be issued during the divorce process or between intimate partners to protect one party from domestic abuse by the other. Domestic abuse includes physical harm, fear of imminent physical harm, sexual assault, or harassment. The OFP can prohibit the abuser from having contact with the victim, require them to stay away from the victim's residence or workplace, and may also prohibit the abuser from possessing firearms, even if they are otherwise licensed to do so. Minnesota law allows for the issuance of an ex parte temporary protective order in emergency situations where the victim is in immediate danger. This order is issued without prior notice to the abuser and is temporary until a full hearing can be held. At the hearing, both parties may present their case, and the court will decide whether to grant a more permanent OFP. The statutes governing protective orders in Minnesota can be found in the Domestic Abuse Act, which is part of the state's family or domestic relations code.