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 Texas, a protective order, also known as a restraining order, is a legal injunction issued by a court to prevent acts of family violence, harassment, stalking, or sexual abuse. The order can require one spouse or intimate partner to avoid contact with the other, maintain a certain distance, and refrain from harassment or threats. It may also prohibit the individual from possessing a firearm, even if they are otherwise licensed to carry one. Texas law allows for the issuance of an ex parte temporary protective order in emergency situations without prior notice to the other party. This temporary order is effective immediately upon issuance and remains in place until a scheduled hearing, where the court will decide on a more permanent order. The Texas Family Code provides the legal framework for protective orders, outlining the necessary proof and procedures for obtaining such orders. These typically require evidence of violence or abuse, and the process is designed to offer protection to those at risk of harm from a spouse or intimate partner during and after the divorce process.
