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 Virginia, a protective order, also known as a restraining order, is a legal directive issued by a court to protect individuals from abuse, harassment, or stalking by a current or former intimate partner. Virginia law provides for three types of protective orders: Emergency Protective Orders, Preliminary Protective Orders, and Full Protective Orders. Emergency Protective Orders can be issued ex parte, meaning without the presence of the other party, and are typically valid for up to 72 hours. They can be extended to 15 days if necessary. Preliminary Protective Orders can be issued after a hearing where both parties have the opportunity to be heard, and they can last up to 15 days or until a full hearing is held. Full Protective Orders can be issued after a full hearing and can last up to two years. These orders can include provisions that prohibit contact, harassment, and being within a certain distance of the other person. They may also prohibit the respondent from possessing a firearm, even if they are otherwise licensed to carry one. The specific circumstances under which these orders can be issued include evidence of family abuse or acts of violence, force, or threat that result in bodily injury or place one in reasonable apprehension of death, sexual assault, or bodily injury. The relevant statutes can be found in the Virginia Code, particularly within the sections dealing with family law and domestic relations.