A restraining order is a legal shield 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.
Remember the legal process may appear straightforward, but every situation is different. The type of protection available, the evidence required and the wording of any order can all affect how much protection you ultimately receive.
Our family law solicitors at Axis Solicitors can help you understand which legal option best fits your circumstances. This guide explains how to get a restraining order UK, what restrictions may be imposed, how long an order can last and what other legal options are available.
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.
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.
People are surprised to learn that restraining orders are highly specific to the circumstances of each case. The conditions imposed by the court are not always identical, which is why identifying the areas where protection is genuinely needed can be an important part of the process.
A restraining order is a court order made under the Protection from Harassment Act 1997 and the Sentencing Act 2020.
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.
People are surprised to learn that restraining orders are highly specific to the circumstances of each case. The conditions imposed by the court are not always identical, which is why identifying the areas where protection is genuinely needed can be an important part of the process.
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.
Many people delay reporting harassment because they hope the behaviour will stop on its own. Unfortunately, delays can make it more difficult to establish a clear pattern of conduct.. Keeping a chronological record of events can strengthen the evidence of your 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.
Some people assume that, once charges are brought, a restraining order will automatically follow. In reality, the court must still decide whether an order is necessary and what restrictions should be imposed. Where there are ongoing concerns about your safety, legal advice can help you understand what protective measures may be available throughout the proceedings.
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.
The conditions requested are just as important as the decision to seek a restraining order itself. For example, depending on the circumstances, protection may be needed in relation to your home, workplace, children’s school or online contact. Thinking about these issues early can help ensure the court has a clear understanding of the protection you are seeking.
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. Conditions that are too narrow may leave gaps in protection, while conditions that are unnecessarily broad may be challenged before the court.
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 to help you present your case better and explore civil remedies simultaneously if needed.
Do I Need a Solicitor to Get a Restraining Order?
You do not normally apply directly for a restraining order through the criminal courts. Instead, the prosecution asks the court to consider making one where it is necessary to protect a victim from further harassment or violence.
Many people therefore wonder whether there is any benefit in obtaining independent legal advice. While every case is different, a solicitor can often help explain the available legal options, advise whether another form of protection may also be appropriate, and ensure that your concerns are properly presented throughout the legal process.
Legal advice may be particularly valuable where there are children involved, parallel family court proceedings, ongoing harassment despite police involvement, or uncertainty about which protective order best fits your circumstances.
What If You Need Protection Immediately? Emergency Orders
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 can grant emergency orders, sometimes called ex parte orders, without notifying the person accused, if waiting would put the victim of domestic abuse or harassement at risk.
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.
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.
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.
Restraining orders and non-molestation orders can both protect people from harmful behaviour, but they operate through different legal processes.
| Restraining Order | Non-Molestation Order |
| Connected with criminal proceedings | Made through family proceedings |
| Made by a criminal court | Applied for through the Family Court |
| Can protect a victim or another person named in the order | Protects eligible people from abuse or molestation |
| Can be made on conviction or, in certain circumstances, following acquittal | Does not depend on a criminal conviction |
| Governed by relevant criminal legislation | Governed by the Family Law Act 1996 |
If domestic abuse is involved and a Family Court remedy may be more appropriate, our guide to non molestation orders explains the protection available.
Restraining Order vs Injunction: Are They the Same?
No. Restraining orders and injunctions are not the same thing, although they can both restrict someone’s behaviour.
An injunction is a broader type of court order. In domestic abuse cases, non-molestation orders and occupation orders are types of injunction available through the Family Court. A restraining order, by comparison, is generally connected with criminal proceedings. This injunction can prohibit conduct that amounts to harassment without requiring a criminal conviction.
For such cases of injunctions involving land or buildings, read our guide to property injunction orders.
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
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.
Many people think that a restraining order can only be made if someone is found guilty of a criminal offence. However, the law recognises that the need to protect an individual from future harassment may exist even where a conviction has not been secured. Understanding why the court reached its decision often requires careful consideration of the evidence presented during the criminal proceedings.
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.
What the court will usually consider
When deciding whether to vary or discharge a restraining order, the court may consider matters such as:
- whether there have been any further incidents
- compliance with the existing order
- updated police information
- the views of the protected person
- whether the original risks remain
Every application turns on its own facts, which is why the supporting evidence often plays a significant role in the court’s decision.
What Can a Restraining Order Stop Someone From Doing?
The restrictions depend entirely on the wording of the individual order. They may prevent direct or indirect contact, approaching the protected person, attending a specified home, workplace or school, using third parties to make contact or engaging in particular online or social-media behaviour.
These are examples rather than automatic conditions. Restrictions should be necessary, proportionate, clear and practical.
Where children are involved, carefully drafted exceptions may sometimes be required so that the restraining order does not unnecessarily conflict with lawful child-contact arrangements or other court orders.
What Happens If a Restraining Order Is Breached?
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.
When Should You Consider Speaking to a Solicitor?
Many people successfully obtain protection without needing extensive legal assistance. However, there are situations where tailored legal advice can provide valuable clarity and reassurance. You may wish to seek legal advice if:
- you are unsure whether a restraining order is the most appropriate option
- the police have decided not to pursue criminal proceedings
- you believe the proposed conditions do not provide sufficient protection
- children or ongoing family court proceedings are involved
- harassment has continued despite previous police involvement
- you are considering applying for a non-molestation order or civil injunction instead
- you have been served with a proposed restraining order and need advice about its terms
- you wish to vary or discharge an existing restraining order
Every case is different. Understanding your legal position before important decisions are made can often help avoid unnecessary complications later in the process.
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
Our role is to provide clear legal advice so that you can make informed decisions at what is often a particularly stressful time.
For defendants facing an unfair 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.
FAQs About Restraining Orders in the UK
How Do I Get a Restraining Order on Someone?
You would normally report the relevant behaviour to the police. If criminal proceedings follow, the prosecutor or court can consider whether a restraining order is necessary and what conditions should apply.
Can I Apply for a Restraining Order Myself?
Not normally through the criminal court. If there is no suitable criminal proceeding, you may instead be eligible to apply directly for a non-molestation order, civil injunction or another form of protection.
Can I Get Protection From Someone Who Is Harassing Me?
Yes. Depending on your relationship with the person, the evidence and whether criminal proceedings exist, possible remedies may include a restraining order, non-molestation order or civil harassment injunction.
How Long Does a Restraining Order Last?
There is no standard duration for a restraining order. The court may make the order for a specified period or order that it continues until further order of the court. The appropriate duration depends on the circumstances, identified risk and protection considered necessary.
