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 Mexico (NM), a restraining order, also known as a protective order, is a legal directive issued by a court to protect individuals from abuse, harassment, stalking, or violence, often in the context of domestic or intimate partner situations. These orders can prohibit the restrained person from contacting the protected individual, coming within a certain distance of them, and may include specific provisions such as the removal of firearms, even if the individual is licensed to carry them. New Mexico law allows for the issuance of an ex parte temporary protective order in emergency situations where there is an immediate threat of harm. This type of order is granted without prior notice to the other party 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 issue a more permanent order of protection. The statutes governing protective orders in New Mexico can be found in the state's Family Violence Protection Act, which outlines the requirements for obtaining an order and the legal standards that must be met, such as evidence of domestic abuse or violence.