Can a restraining order be made if the defendant was acquitted?

An acquittal can feel like the end of the road, but it is not the end of your protection. Restraining orders are made under section 5 of the Protection from Harassment Act 1997, and the Serious Crime Act 2015, and the court's power to make one survives a not guilty verdict. The question is not whether the offence was proved beyond reasonable doubt — it is whether an order is necessary to protect you from harassment.

Ask before the case ends

The court can make an order on its own motion, but in practice it usually acts on an application by the prosecution. So the Crown Prosecution Service needs to know what you want, and needs to know it before the hearing finishes. Tell the officer in your case and the CPS:

• That you want a restraining order whatever the verdict.
• The conditions that would genuinely make you safer — no direct or indirect contact, including through third parties or social media; not coming within a set distance of your home, workplace or your children's school; not publishing material about you online; not entering a named area.
• How long you need it. Orders can be time-limited — two or five years, say — or indefinite, and indefinite orders are common in serious cases.

After the order is made

Breaching a restraining order is a criminal offence in its own right, carrying up to five years' imprisonment on indictment or up to six months in the magistrates' court. If it is breached, call 999 if you are in immediate danger and 101 otherwise, and keep a record of every incident — dates, times, what was said or done, screenshots and witnesses. If the police response falls short, complain to the Independent Office for Police Conduct or contact the CPS directly.

The defendant can apply to vary or discharge the order. You should normally be told of any such application and can make representations through the CPS about why it should stand; the court treats the safety of the protected person as its primary consideration. If no order is made at all, two routes remain open. You can apply for a civil injunction in the county court under the same 1997 Act, decided on the balance of probabilities and needing no conviction. And where the person harassing you is a former partner, family member or someone you live with, you can seek a non-molestation order in the family court, which can carry a power of arrest; legal aid may be available in domestic abuse cases. Victim Support, and the National Stalking Helpline on 0808 802 0300, can help you decide which fits.