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 Virginia, a restraining order, commonly referred to as a protective order, is a legal directive issued by a court to protect individuals from abuse, harassment, or stalking by a spouse during divorce proceedings or from an intimate partner. Virginia law provides for different 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 other party's knowledge, and are typically valid for up to 72 hours. Preliminary Protective Orders can be granted after a hearing where the respondent has the opportunity to be present and can last up to 15 days or until a full hearing. Full Protective Orders can be issued after a full court hearing where both parties have the opportunity to present their case and can last up to two years. These orders can include provisions that prohibit contact, harassment, and coming within a certain distance of the other party. Additionally, they may prohibit the respondent from possessing a firearm, even if they are otherwise licensed to carry one. The specific circumstances under which protective orders may be issued in Virginia are generally based on evidence of family abuse or violence, which includes any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury.