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 Washington State, a protective order, also known as a restraining order, is a legal directive issued by a court to protect individuals from domestic violence, harassment, stalking, or other forms of abuse. These orders can require one party to refrain from contacting or coming within a certain distance of the other party, and may also prohibit the restrained person from possessing firearms, even if they are otherwise licensed to do so. Washington courts can issue temporary ex parte protective orders in emergency situations without prior notice to the other party, providing immediate protection. These temporary orders are effective for a specified number of days until a full hearing can be held, at which point the court may consider granting a more permanent order of protection. The respondent will be served with the temporary order and notified of the hearing date. The laws governing protective orders in Washington are primarily found in the Revised Code of Washington (RCW), particularly in the sections related to domestic relations and family law.