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 Vermont, a restraining order, also known as a relief from abuse order, is a legal measure used to protect individuals from abuse by a family or household member, which can include spouses going through a divorce. Vermont law allows for the issuance of temporary (ex parte) relief from abuse orders without the alleged abuser being present or notified, which can be granted in emergency situations where there is a danger of further abuse. These temporary orders are typically in effect until a full court hearing can be held, usually within 14 days, where both parties can present their case. At the hearing, the court may issue a final order, which can last for a longer period and includes specific provisions such as no contact, staying away from the petitioner, and not possessing firearms, even if the respondent has a license. Vermont statutes outline the process for obtaining these orders and the criteria that must be met, which generally involve evidence of domestic violence, stalking, sexual assault, or serious bodily injury. It's important for individuals seeking or responding to a relief from abuse order in Vermont to consult with an attorney to understand their rights and obligations under the law.