Restraining Orders and Stalking Protection Orders

Restraining orders in England and Wales are made under the Protection from Harassment Act 1997 (section 5) and the Serious Crime Act 2015. They are issued by criminal courts following a conviction for, or acquittal from, a relevant offence — typically harassment, stalking, assault, or a domestic abuse-related offence.

The court makes the order on its own motion or following an application by the prosecution. As a victim, you can make representations to the Crown Prosecution Service (CPS) about the need for an order and the conditions you would like included.

Common conditions in restraining orders include:

• No direct or indirect contact with the victim (including through third parties or social media)
• Not attending within a specified distance of the victim's home, workplace, or children's school
• Not publishing material about the victim online
• Not entering a specified geographic area

Orders can be time-limited (for example, two or five years) or indefinite. Both the prosecution and the defence can apply to vary or discharge the order. As a victim, you can ask the prosecution to apply for a variation if your circumstances change.

Stalking Protection Orders were introduced by the Stalking Protection Act 2019 and came into force in January 2020. They allow the police to apply to a magistrates' court for an order against someone who poses a risk relating to stalking, even before any criminal charge or conviction.

An SPO can be made where:

• The respondent has carried out acts associated with stalking
• There is a risk of stalking-related harm to a person
• The order is necessary to protect that person

SPOs can impose positive requirements (such as attending a programme to address stalking behaviour) or prohibitions (such as no contact). An interim SPO can be made quickly — sometimes within days — without the respondent being present, if there is an urgent need for protection.

A full SPO is made after a hearing where both sides can present evidence. SPOs last for a minimum of two years and can be indefinite. The police can apply to vary or discharge them.

If the police or CPS have not taken criminal action, or if you want faster protection, you can apply for a civil injunction in the county court under the Protection from Harassment Act 1997. This does not require a criminal conviction — you need to show on the balance of probabilities that there has been harassment.

A civil injunction can prohibit the same types of behaviour as a criminal restraining order. If the defendant breaches the injunction, you can apply to the court for them to be held in contempt (punishable by imprisonment) or, since the Serious Crime Act 2015, the breach can be prosecuted as a criminal offence.

You can also apply for an injunction under the Family Law Act 1996 (a non-molestation order) if the person harassing you is an associated person (former partner, family member, or someone you live with). Non-molestation orders are obtained in the family court and can include power of arrest.

Legal aid may be available for civil injunctions in domestic abuse cases. Contact a specialist solicitor, your local law centre, or Citizens Advice for advice on funding.

Breaching a restraining order, SPO, or non-molestation order is a criminal offence:

• Restraining order breach: Up to five years in prison on indictment (or up to six months in the magistrates' court)
• SPO breach: Up to five years in prison
• Non-molestation order breach: Up to five years in prison

If the person protected by the order believes it has been breached, they should:

1. Call 999 if they are in immediate danger.
2. Call 101 to report the breach to the police.
3. Keep a record of all breaches — dates, times, nature of contact, and any evidence (screenshots of messages, witnesses).

The police are expected to treat breaches seriously, particularly where there is a risk of harm. If the police do not respond adequately, you can complain to the Independent Office for Police Conduct (IOPC) or contact the CPS directly. Victim Support and specialist domestic abuse or stalking charities can provide advocacy and support in enforcing orders.