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 West Virginia, 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 threats by a spouse or intimate partner, especially during divorce proceedings. West Virginia law allows for the issuance of both ex parte temporary protective orders and final protective orders. An ex parte order can be granted without the presence of the other party and is typically used in emergency situations where there is an immediate threat of harm. This temporary order remains in effect until a full hearing can be held, usually within 10 days, at which time both parties can present their case, and the court will decide whether to issue a more permanent order. The criteria for obtaining a protective order in West Virginia include evidence of domestic violence, sexual abuse, stalking, or harassment. Additionally, a protective order can restrict the offending spouse from possessing firearms, even if they are otherwise licensed to carry them. The specific procedures and requirements for protective orders are outlined in the West Virginia Code, particularly within the sections dealing with domestic relations and family law.