If you are experiencing harassment, stalking or domestic abuse, you are not alone. Thousands of people across England and Wales face similar situations each year and need fast, effective legal protection to feel safe again.
A restraining order is one of the most powerful tools available to protect victims of harassment and violence. It is a court order that prevents someone from contacting you, coming near your home or workplace, or behaving in ways that cause you fear or distress. When someone breaches a restraining order, they commit a criminal offence that can lead to arrest and imprisonment.
While a criminal court typically makes a restraining order, there are also civil options available if there is no ongoing criminal case. A non molestation order through the family court or a civil harassment injunction may be suitable alternatives depending on your circumstances. Understanding which route is right for you is essential, and that is where professional legal guidance makes a real difference.
Axis Solicitors can guide you through every stage of obtaining protection, from reporting incidents to the police through to securing a restraining order or exploring alternative protective measures. Our team provides clear, compassionate advice in plain language so you know exactly where you stand.
What is a Restraining Order in England and Wales?
A restraining order is a court order made under the Protection from Harassment Act 1997 and the Sentencing Act 2020. Its purpose is to restrict an offender’s behaviour and protect a person from harassment, threats or violence. The order sets out specific conditions that the defendant must follow, and breach of those conditions is a separate criminal offence.
The court can make a restraining order on conviction for any offence where there is evidence of harassment or fear of violence. Importantly, the court can also impose such an order after an acquittal if protection is still necessary. This means that even when a criminal case does not result in a conviction, the victim can still receive legal protection.
Typical conditions include bans on contacting the protected party directly or indirectly, prohibitions on going within a certain distance of their home, workplace or children’s school, and restrictions on posting about them on social media. The conditions are designed to be clear and enforceable so that police can act quickly if breached.
The aim of this order is preventative and protective rather than punitive. It exists to protect victims and prevent further harassment, giving people the security they need to rebuild their lives.
When Can the Court Make a Restraining Order?
Both the magistrates court and the Crown Court have the power to make a restraining order when sentencing an offender. This applies to any offence, not just harassment charges. Common situations include assault, stalking, malicious communications and criminal damage cases where there is an ongoing risk to the victim.
The court can also impose a restraining order after acquittal under section 5A of the Protection from Harassment Act 1997. This provision exists because a “not guilty” verdict does not always mean the alleged behaviour did not occur. The evidence may still demonstrate a serious risk of further harassment that justifies protection.
Common situations where a restraining order is used:
- Domestic violence cases involving current or former partners
- Stalking by an ex partner after a relationship breakdown
- Harassment by neighbours or work colleagues
- Threats and intimidation by a family member
- Online harassment and malicious communications
The prosecution usually invites the court to consider making such an order. This request is based on police evidence, risk assessments and the views of the victim. The court will consider witness statements and any further evidence that supports the need for protection. Prosecutors should ensure that the victim/person who is the subject has provided their views regarding the duration.
Before making a restraining order, the court must consider proportionality and human rights implications, including the defendant’s right to private and family life and freedom of expression. However, in appropriate cases, the need to protect the victim outweighs these considerations. The law does not presently permit courts to impose the orders against the free will of victims unless their choice is not freely made due to fear or coercion.
The judge will grant the order if they believe it is “necessary and proportionate” for your protection.
How to Get a Restraining Order: Step By Step Process
Understanding the process for obtaining a restraining order UK can help you feel more in control during a difficult time. Here is a clear breakdown of each stage from the victim’s perspective.
Step 1: Report the behaviour to the police
Contact your local police and provide a detailed account of the harassment or violence you have experienced. Include dates, times, locations and descriptions of each incident. Bring any evidence you have, such as screenshots of messages, photographs, medical records and contact details for witnesses. The more comprehensive your report, the stronger the foundation for any criminal case.
Step 2: Police investigation and charging decision
The police will investigate your report and record any ongoing risk factors. If there is sufficient evidence, they will refer the case to the Crown Prosecution Service (CPS), who will decide whether to charge the offender. Throughout this process, make sure to report any new incidents of harassment so that the full picture is documented.
Step 3: Request a restraining order through police or CPS
If the case proceeds to court, ask the police or CPS to apply for a restraining order as part of the proceedings. Explain the specific conditions you need for your safety, such as prohibiting the defendant from attending your home or contacting your children. Your input helps shape the terms of any protective order.
Step 4: Court hearing and judicial decision
At the trial or sentencing hearing, the judge will decide whether to grant a restraining order. Both sides have the opportunity to address the court. The prosecution will present evidence supporting the need for protection, and the defendant can challenge the proposed conditions. The judge will then determine appropriate terms based on the circumstances.
It is important to understand that you cannot normally file a restraining order application yourself in the criminal court. The order must be requested through the prosecution. However, Axis Solicitors can liaise with police and CPS on your behalf and explore civil alternatives simultaneously if needed.
Emergency Order: Urgent Applications for Protection
In situations where there is a serious risk of harm, violence, or further harassment, the law provides urgent ways to protect victims of domestic abuse and harassment. If you or someone you know is facing immediate danger, it is crucial to act quickly to secure legal protection and prevent further harm.
The courts in England and Wales can grant emergency orders, sometimes called ex parte orders, without notifying the person accused, if waiting would put the victim at greater risk. These emergency orders can include restraining orders from the criminal court, non-molestation orders from the family court, or occupation orders that remove the perpetrator from the family home. Such orders are designed to protect victims and their children from further violence or harassment, even before a full court hearing takes place.
How to Apply for an Emergency Protective Order?
When considering an urgent application, the court will look at all available evidence, including witness statements, police records, and any previous incidents of domestic violence or harassment. The court’s main priority is to protect the victim and any other persons protected by the order, ensuring their safety and well-being. In domestic violence cases, the court may grant a non-molestation order to prevent the abuser from contacting the victim, or an occupation order to exclude them from the family home and surrounding area.
Emergency orders can set strict conditions, such as requiring the respondent to stay a certain distance away from the victim, prohibiting any form of contact, or barring them from the family home. These conditions are tailored to the circumstances and level of risk, and are intended to provide immediate legal protection. The order is a criminal or civil court order, depending on the type, and breaching it is a criminal offence with serious consequences, including arrest, fines, or imprisonment.
Role of Police & Court Hearing
The police play a vital role in emergency situations, both in providing immediate protection and in gathering further evidence to support your application. Social services and other support agencies may also become involved to help safeguard victims of domestic abuse, especially where children are at risk.
If an emergency order is granted, it will usually last until a full court hearing can be held, where both sides can present their case and the court can decide whether to continue, vary, or discharge the order. The court may also make a further order if ongoing protection is needed.
It is essential to seek legal protection as soon as possible if you are at risk. Axis Solicitors can help you prepare urgent applications, gather the necessary evidence, and work with the police to ensure your safety. Remember, breaching a protective order is a criminal offence, and the courts take such cases very seriously to protect victims of domestic violence and harassment.
If you are in immediate danger, contact the police right away. For ongoing support and legal advice, reach out to Axis Solicitors for compassionate, expert guidance on obtaining the protection you need.
Restraining Order vs Non-Molestation Order vs Civil Injunction
In England and Wales, several types of protective orders are available. A restraining order is just one option, and understanding the differences helps you seek the most suitable protection.
Non Molestation Order for Domestic Abuse
A non molestation order is made under the Family Law Act 1996 and is available through the family court. It protects “associated persons” which includes spouses, former partners, relatives and people who live together. This order is particularly suitable for domestic abuse situations where there is no ongoing criminal case. You can apply directly without waiting for police involvement, and emergency orders can be granted without notice to the respondent in urgent circumstances.
Occupation Order for Properties
An occupation order regulates who can live in or enter the family home. It can require someone to leave the property or stay away from a specified area surrounding the home. This is useful when the immediate concern is about physical safety within a shared residence.
Civil Injunction for Harassment
A civil harassment injunction under the Protection from Harassment Act 1997 is available through the civil court for situations involving neighbours, work colleagues or strangers where there is no close domestic relationship. This injunction can prohibit conduct that amounts to harassment without requiring a criminal conviction.
What Conditions Can a Restraining Order Include?
The conditions in a restraining order must be clear, specific and realistic. Police need to understand exactly what is prohibited so they can enforce the order, and the defendant must know precisely what behaviour is forbidden.
Typical conditions include:
- No direct or indirect contact with the protected party by any means, including through third parties
- No attending or approaching within a specified distance (such as 500 metres) of the person’s home, workplace or children’s school
- No posting about the protected party on social media or online platforms
- No contacting named relatives, associates or the surrounding area where the protected person lives
- No sending letters, emails, text messages or making phone calls
In some cases, particularly where children and contact arrangements are involved, the court may allow limited, controlled contact through solicitors or under family court supervision. This ensures that parental responsibilities can still be fulfilled while maintaining safety.
A restraining order must not directly conflict with existing family court orders. If there are ongoing child arrangement proceedings, particular care must be taken when drafting conditions. Solicitors play an essential role in ensuring the terms are properly tailored to avoid confusion or unworkable requirements.
Can you get a restraining order without a conviction?
Yes. A criminal court can make a restraining order after acquittal if the evidence demonstrates a need for protection from harassment or stalking. Section 5A of the Protection from Harassment Act 1997 specifically provides for restraining orders post acquittal.
This is different from applying directly for a non molestation order, where you file your own application in the family court without any criminal case being involved. The post-acquittal order for restraining remains a criminal court order, just one that does not require a guilty verdict.
An order made on acquittal can be appealed against in the same way as an order made on conviction, giving you the right to challenge the court’s decision through the appeal process.
Duration, Variation and Discharge of a Restraining Order
A restraining order can be time-limited, running for a specified period such as 6 or 12 months, or it can continue until further order of the court. The duration depends on the level of risk and the circumstances of the case.
Unlike civil orders, there are no “interim” restraining orders in criminal law. Before the final hearing, bail conditions imposed by the court or police cover any immediate risk to the victim.
Anyone with a legitimate interest can apply to vary or discharge a restraining order. This includes the prosecution, the defendant, or any person mentioned in the order. Applications go back to the same criminal court that made the original order.
Timeline example:
- Year 1: Restraining order imposed at sentencing for two years
- Year 2: Defendant applies to discharge the order, claiming changed circumstances
- Court hearing: Judge reviews updated evidence, hears from prosecution and considers victim’s views
- Outcome: Order continued for a further 12 months with slightly relaxed conditions
When considering variation or discharge, the judge will examine whether circumstances have genuinely changed since the order was made. The views of the persons protected by the order are extremely important. However, the court must be satisfied that these views are freely given and not the result of pressure, coercion or fear.
How long does it usually take to change or remove an order?
Variation or discharge applications in England and Wales typically take several months to resolve, depending on court listing availability and case complexity. Courts will want updated evidence before making any changes.
The court will expect to see new statements, probation reports, police information and confirmation of any ongoing risks. Applications that are well-prepared with comprehensive supporting evidence have a better chance of success.
Axis Solicitors can prepare detailed written applications, evidence bundles and legal submissions to help persuade the court that the order is no longer necessary or should be amended. We handle the paperwork and court process so you can focus on moving forward.
Consequences of Breaching a Restraining Order
Breaching a restraining order without reasonable excuse is a criminal offence. The maximum penalty is up to five years’ imprisonment in the Crown Court or six months in the magistrates court. The court may also impose a fine, community order or suspended sentence depending on the seriousness of the breach.
The same behaviour that constitutes a breach may also amount to other offences such as harassment, stalking, criminal damage or assault. The prosecution can charge these additional offences alongside breach of a restraining order issued by the court.
When dealing with a breach, the court can also review and vary the existing order. This might mean tightening conditions, extending the duration or adding new restrictions to prevent further harassment.
If someone breaches this order against you, report it to the police immediately. Breaches are taken seriously, and swift action helps ensure your ongoing protection. Keep records of any incidents, including dates, times and any evidence such as messages or photographs.
How Axis Solicitors Can Help You Stay Protected
Axis Solicitors is a UK law firm with expertise in criminal-related protective orders, family law injunctions and civil harassment claims. We assist clients across England and Wales who need to obtain protection or who are facing allegations.
For victims seeking protection, we can:
- Advise on whether a restraining order, non molestation order or civil injunction is most appropriate
- Help prepare detailed statements and gather supporting evidence
- Liaise with police and CPS to ensure your needs are communicated effectively
- Represent you in family court applications for non molestation orders or occupation orders
- Support you through the entire legal action process with compassion and clarity
For defendants facing a proposed order, we can:
- Advise on how to respond to proposed conditions and protect your interests
- Challenge unfair or disproportionate terms before the court
- Assist with an appeal against orders that have been wrongly imposed
- Prepare applications to vary or discharge existing orders when circumstances change
Request a consultation with Axis Solicitors to discuss your options for obtaining or challenging a restraining order. Our team will listen to your situation, explain your rights and guide you through the next steps with care and professionalism.
