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 Pennsylvania, a restraining order, commonly referred to as a Protection From Abuse (PFA) order, is a legal injunction that provides protection for individuals who are victims of domestic violence or abuse. The PFA order can prohibit an abuser from contacting or approaching the victim, including their children, and may also remove the abuser from a shared residence. It can also restrict the abuser from possessing firearms, even if they are otherwise legally entitled to carry them. Pennsylvania law allows for an ex parte temporary PFA order to be issued in emergency situations without prior notice to the abuser, providing immediate protection to the victim. This temporary order is typically in effect until a full hearing can be held, usually within ten business days, where the court will decide on a final PFA order. The issuance of a PFA order is based on evidence of abuse, which may include family or dating violence, stalking, harassment, sexual abuse, or assault. These provisions are found within the Pennsylvania statutes, particularly in the sections dealing with domestic relations and family law.