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 North Dakota, a restraining order, also known as a protective order, is a legal directive issued by a court to protect individuals from domestic violence, stalking, harassment, or threats by prohibiting the alleged abuser from contacting or coming near the victim. During divorce proceedings or between intimate partners, such orders can be crucial for the safety of the requesting spouse or partner. North Dakota law allows for the issuance of temporary ex parte protective orders in emergency situations where the victim is at immediate risk. These orders are granted without prior notice to the other party and are temporary, typically lasting until a full hearing can be held. At the hearing, both parties may present their case, and the court will decide whether to issue a more permanent order of protection. The state statutes that govern protective orders in North Dakota can be found in the North Dakota Century Code (NDCC), particularly in sections related to domestic violence and abuse. It's important to note that violating a protective order in North Dakota is a criminal offense, and the order may include provisions such as the removal of firearms from the restrained individual, even if they are otherwise legally entitled to possess them.