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 New Jersey, a restraining order, also known as a protective order, is a legal directive issued by a court to protect individuals from domestic violence or abuse. These orders can mandate that one party refrain from contacting or coming within a certain distance of the other party, and may include prohibitions on harassment and the use of firearms, even if the individual is licensed to carry one. New Jersey law allows for the issuance of temporary ex parte restraining orders in emergency situations where there is an immediate danger to the person seeking protection. These orders are granted without prior notice to the other party and are 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 final restraining order, which offers longer-term protection. The statutes governing restraining orders in New Jersey can be found in the state's Prevention of Domestic Violence Act, which outlines the conditions under which restraining orders may be issued, including evidence of domestic violence, stalking, harassment, sexual assault, or other threatening behaviors.