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 Wisconsin, restraining orders, also known as protective orders, are legal orders issued by a court to prevent one person from contacting or coming near another person. These orders are particularly relevant during divorce proceedings or between intimate partners. Wisconsin law allows for different types of restraining orders based on the nature of the threat, including orders for domestic abuse, harassment, child abuse, and individuals at risk. An ex parte temporary restraining order can be issued in emergency situations without prior notice to the other party, providing immediate protection. This temporary order is typically in effect for up to 14 days, until a full hearing can be held where both parties can present their case. If the court finds sufficient evidence of abuse or harassment, it may issue a more permanent injunction, which can last up to four years for domestic abuse and harassment, and potentially longer for child abuse and individuals at risk. The respondent may be prohibited from possessing a firearm if the injunction is granted. Wisconsin statutes provide specific procedures for obtaining these orders, which are primarily found in the chapters of the Wisconsin Statutes that deal with family and domestic relations law.