A protective order—also known as a stay away order of protection, an order of protection, or a restraining order—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 Oregon, a protective order, also known as a restraining order, is a legal directive issued by a court to protect individuals from abuse, harassment, or threats by a spouse or intimate partner, especially during divorce proceedings. Oregon law allows for the issuance of different types of protective orders, including the Family Abuse Prevention Act (FAPA) restraining orders, which are specifically designed to address domestic violence situations. These orders can prohibit contact, require the abuser to move out of a shared residence, and restrict firearm possession, even if the individual has a license to carry a firearm. An ex parte temporary protective order can be issued in emergency situations without prior notice to the other party, providing immediate protection. This temporary order is effective for a short period, typically up to 30 days, until a court hearing can be held to determine if a more permanent order is necessary. The respondent is served with the temporary order and notified of the hearing date. Oregon's protective order statutes are primarily found in the Family Abuse Prevention Act, which outlines the requirements and procedures for obtaining such orders based on evidence of abuse, threats, or harassment.