This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide explaining how protection orders, including stalking protection orders (SPOs), non‑molestation orders and domestic abuse protection orders, help victims of stalking in England and Wales by imposing restrictions, limiting contact and providing legal safeguards against continued harmful conduct.
Stalking is a persistent pattern of unwanted, fixated and intrusive behaviour that can cause victims significant fear, distress or alarm. In England and Wales, the legal system provides a number of protective orders designed to prevent stalkers from continuing harmful conduct and to provide safety and reassurance for victims. This article explains how these protective orders work, the legal framework underpinning them, what behaviours they can prohibit, how they are obtained and enforced, and the practical implications for victims and professionals.
What Is Stalking?
Under the Protection from Harassment Act 1997, stalking occurs where a person engages in behaviour that amounts to harassment, and that behaviour is intrusive, unwanted, repeated and causes alarm, distress or fear. Examples include persistent following, unwanted contact, monitoring, repeated messages or approaching a person at their home, workplace or other locations. Stalking can also involve online behaviours including repeated messaging, publication of personal information and cyber‑enabled abuse.
Stalking can occur within a domestic context, such as by an intimate partner or ex‑partner, or in what is often referred to as “stranger stalking”. Regardless of context, the law provides civil and criminal mechanisms to protect victims.
Protection Orders That Address Stalking
Stalking Protection Orders (SPOs)
A Stalking Protection Order (SPO) is a civil order introduced under the Stalking Protection Act 2019. It aims to protect victims by imposing specific prohibitions and requirements on a suspected stalker even if there has not been a criminal conviction for stalking. SPOs are obtained in the magistrates' court at the request of the police.
To be eligible for an SPO, the court must be satisfied that:
- The respondent has carried out acts associated with stalking;
- The respondent poses a risk of stalking to a person; and
- There is reasonable cause to believe the order is necessary to protect the other person from that risk.
An SPO can be a powerful early intervention tool. It allows the court to impose conditions that directly address stalking behaviours before they escalate or lead to more serious offences.
What SPOs Can Do
SPOs are flexible and can include prohibitions such as:
- Banning the stalker from contacting the victim in person or by any means, including telephone, email, text or social media;
- Prohibiting the stalker from attending certain locations, such as the victim's home, workplace or other places the victim frequents;
- Preventing the stalker from contacting the victim indirectly through friends, family or third parties;
- Requiring the stalker to disclose personal information to the police, including identity and address;
- Requiring the stalker to attend programmes or assessments, including for mental health or substance misuse, if such measures are necessary to reduce risk and promote safety.
An SPO must specify a fixed period of protection, with a minimum duration of two years, and can include different prohibitions for different periods if required by the circumstances.
Enforcement of SPOs
Failure by the respondent to adhere to the conditions of an SPO is a criminal offence. Police and prosecutors take breaches seriously; conviction for breach carries substantial penalties including imprisonment and/or unlimited fines.
Non‑Molestation and Other Civil Protective Orders
Victims of stalking that occurs in a domestic context (for example where the stalker is a current or former partner or family member) may also benefit from other civil protective orders, such as:
- Non‑molestation orders, which prevent abusive conduct, including stalking‑related behaviour, intimidation, harassment or unwanted contact. These are made by the family court and breach is a criminal offence.
- Domestic Abuse Protection Orders (DAPOs), which are newer, more comprehensive orders that can include restrictions on stalking behaviour when it forms part of domestic abuse. These are being rolled out to provide additional protections, including unlimited duration and tailored conditions.
Other orders such as restraining orders or criminal behaviour orders may also be available depending on the context of the stalking and whether it overlaps with other offending.
How Protection Orders Are Obtained
Stalking Protection Orders
SPOs are obtained through a process led by the police:
- Police Assessment: If a stalking allegation arises, police assess whether the suspected stalker's conduct meets the statutory criteria and poses a continuing risk.
- Application to Court: A chief officer of police files an application to the magistrates' court for an SPO or an interim order when immediate protection is needed.
- Hearing: The court reviews the evidence and hears from the police and the respondent. The victim may be consulted and victim views considered.
- Decision: The court may grant the order, refuse it, or make an interim order pending a full decision.
The standard of proof for SPO applications in court is civil (lower than the criminal standard), meaning the judge must be satisfied on the balance of probabilities that the statutory criteria are met. Recent guidance has emphasised this civil standard and encourages earlier intervention to protect victims.
Other Protective Orders
For non‑molestation orders and DAPOs:
- Victims may apply directly to family or civil courts, often with support from a solicitor or specialist service;
- Evidence of stalking behaviour, including repeated and unwelcome contact, can support applications for orders that prevent further harmful conduct.
The procedures for these orders vary but generally involve filing an application, providing supporting evidence, and attending a court hearing.
Practical Impact of Protection Orders on Stalking
Protective orders address stalking in several ways:
Limiting Contact and Access
Orders can prohibit the stalker from contacting the victim in any form or approaching specified locations. This limits opportunities for further unwanted interactions or intimidation and provides clear legal boundaries that, if breached, trigger criminal consequences.
Addressing Online and Technology‑Enabled Stalking
Modern stalking often includes digital elements such as repeated messaging, social media contact, or surveillance. Protection orders can explicitly include prohibitions on digital contact and access to electronic accounts, helping to reduce these forms of abuse.
Encouraging Early Intervention
By allowing the police to apply for orders early-before conviction-SPOs provide a mechanism to intervene while investigations or prosecutions are ongoing. This prevents escalation and can reduce the likelihood of more serious offences occurring.
Supporting Victims' Confidence
Having formal legal protections in place can improve victims' confidence in reporting stalking and assisting with investigations or prosecutions, as well as helping them feel legally supported in taking other safety actions.
Limitations and Considerations
Protective orders do not replace criminal prosecution when stalking constitutes a criminal offence; both protective and criminal processes may run in parallel. An order should not create a false sense of security, and victims are advised to maintain communication with police about any further concerns.
Enforcement depends on effective policing and prosecution, and there are ongoing concerns about consistency of support and response across different police areas.
Key Takeaways
Protection orders provide victims of stalking in England and Wales with a range of legal mechanisms to prevent further harmful conduct. Stalking Protection Orders (SPOs) are civil orders that can be obtained through court at the police's request and can prohibit contact, restrict access to locations, and include requirements designed to manage risk. Other orders-such as non‑molestation orders and DAPOs-can also protect stalking victims, especially where stalking occurs in a domestic abuse context. By limiting contact, addressing digital abuse and facilitating early intervention, protective orders form a key part of the legal framework to keep stalking victims safe while the criminal justice system addresses offending behaviour.
