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 Wisconsin, a protective order, also known as a restraining order, is a legal injunction issued by a court to prevent one individual from contacting or coming near another. This is particularly relevant in cases involving spouses going through a divorce or other intimate partners. Wisconsin law allows for the issuance of different types of restraining orders based on the circumstances, such as domestic abuse, harassment, child abuse, and individuals at risk. An ex parte temporary restraining order can be issued without the other party's knowledge in emergency situations, providing immediate protection. This temporary order is typically in effect until a full hearing can be held, usually within a couple of weeks, where the court will decide whether to grant a more permanent order of protection. The respondent (the person against whom the order is issued) will be notified of the hearing date when served with the ex parte order. If a protective order is granted, it may include various provisions, including prohibiting the respondent from possessing a firearm, even if they are otherwise licensed to carry one. The specific statutes governing protective orders in Wisconsin can be found in chapters 813 and 968 of the Wisconsin Statutes.