Stalking Protection Orders

A Stalking Protection Order (SPO) is a civil protective order available under the Stalking Protection Act 2019, which came into force in January 2020. SPOs were introduced specifically to address a gap in the law: stalking behaviours often begin before enough evidence exists for a prosecution, and victims were left without legal protection during this period.

An SPO can be made by a magistrates' court on the application of a chief officer of police. It can prohibit the respondent from doing specific things — such as contacting the victim, attending certain locations, or monitoring the victim's online activity — and can also impose positive obligations, such as attending a perpetrator intervention programme.

The order specifically targets stalking behaviours as defined in section 2A of the Protection from Harassment Act 1997. These include: following, monitoring, watching, loitering near, or contacting a person; monitoring someone's internet use; communicating with or about someone; interfering with property; and any other act that causes fear of violence or serious alarm or distress.

SPOs are distinct from restraining orders (which are imposed by criminal courts after a conviction or acquittal) and non-molestation orders (which are obtained through the family court in domestic abuse contexts). SPOs can sit alongside those orders or be used independently.

Only a chief officer of police (in practice, a senior officer with delegated authority) can apply for an SPO. Victims cannot apply directly. If you believe you are being stalked, you should report it to the police and explicitly request that they consider applying for an SPO. Keep a log of all stalking incidents — dates, times, descriptions of behaviour, witnesses, and any digital evidence.

For the court to make an SPO, it must be satisfied that:

1. The respondent has carried out acts associated with stalking;
2. The respondent poses a risk of stalking to the victim (or another person connected to the victim); and
3. The order is necessary to protect the victim from that risk.

The court applies a civil standard of proof (balance of probabilities) — lower than the criminal standard of beyond reasonable doubt. This makes SPOs more accessible than waiting for a criminal conviction.

An interim SPO can be applied for without notice to the respondent where the matter is urgent. An interim order provides immediate protection while the full application is heard. At the full hearing, the respondent has the opportunity to contest the order.

Breach of a Stalking Protection Order (or an interim SPO) is a criminal offence under section 9 of the Stalking Protection Act 2019. A person who, without reasonable excuse, does anything prohibited by an SPO, or fails to comply with a requirement imposed by one, is guilty of a criminal offence punishable by:

• On summary conviction (magistrates' court): up to 12 months' imprisonment, an unlimited fine, or both.
• On conviction on indictment (Crown Court): up to 5 years' imprisonment, an unlimited fine, or both.

The fact that breach is a criminal offence — rather than a civil contempt — gives SPOs considerably stronger teeth than some other civil protective orders.

An SPO must have a minimum duration of 5 years. There is no maximum duration — orders can be made indefinitely. The respondent or the police can apply to the court to vary, renew, or discharge the order if circumstances change. The victim's safety is the primary consideration in any variation application.

If you are a stalking victim, there are several steps you can take alongside seeking an SPO:

• Document everything: Keep a detailed diary of all stalking incidents — screenshots of messages, call logs, photographs, and witness details. This evidence supports both the police application for an SPO and any future criminal prosecution.
• National Stalking Helpline: Call 0808 802 0300 for free advice from specialist stalking support workers who can guide you through your options.
• Report to police: Stalking is a criminal offence under sections 2A and 4A of the Protection from Harassment Act 1997. A prosecution can proceed alongside or instead of an SPO application.
• Restraining order: If the stalker is charged and prosecuted, the criminal court can impose a restraining order on conviction (or even on acquittal). This can run alongside or instead of an SPO.
• Non-molestation order: If the stalker is a former partner or family member, a non-molestation order through the family court may also be available.
• MARAC: Multi-Agency Risk Assessment Conferences (MARACs) can be convened for high-risk stalking cases, bringing together police, social services, housing, and support organisations to manage risk collectively.