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 Hawaii, a restraining order, also known as a protective order, is a legal directive issued by the court to prevent one spouse or intimate partner from contacting or coming near the other during the divorce process or after incidents of domestic violence. These orders can include prohibitions on approaching the other spouse, harassment, and communication through various means, as well as restrictions on firearm possession, even if the individual is licensed. Hawaii courts can also issue temporary ex parte protective orders in emergency situations without prior notice to the other party, which remain in effect for a temporary period until a full hearing can be held. At the hearing, both parties can present their case, and the court will decide whether to grant a more permanent order of protection. The issuance of protective orders in Hawaii is generally based on evidence of domestic abuse, stalking, harassment, sexual abuse, or sexual assault, and these regulations can be found within the state's statutes, particularly in sections related to family or domestic relations law.