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.
Explore how protective orders such as restraining orders, non‑molestation orders and stalking protection orders interact with criminal law in England and Wales. This guide explains when orders are made, how breaches are enforced, and the legal consequences under criminal procedures.
Protection orders play a central role in safeguarding individuals at risk of harm, particularly in contexts such as domestic abuse, harassment, stalking and other threatening behaviour. In England and Wales, the legal system blends civil and criminal law mechanisms to create and enforce protective measures. This article explains how protective orders-such as restraining orders, non‑molestation orders, stalking protection orders and other civil injunctions-interact with criminal law, how breaches are treated, and how these protections operate alongside criminal offences. It is designed for solicitors, students, and members of the public with no prior legal knowledge.
What Are Protective Orders?
Protective orders are court orders that restrict an individual's conduct or access to another person or place to prevent harm. They can be issued in different parts of the justice system:
- Criminal courts can impose restraining orders on conviction (following a criminal trial) or on acquittal (where there is evidence of risk to a person).
- Family courts can make non‑molestation orders and occupation orders under the Family Law Act 1996. These are civil orders but breaches can be criminal offences.
- Police can seek stalking protection orders (SPOs) under the Stalking Protection Act 2019 to restrict conduct while investigative or protective needs exist.
Other specialised protective measures include forced marriage protection orders and domestic abuse protection orders (DAPOs), often used in domestic violence contexts.
Each of these orders has its own procedural framework, legal basis, and relationship with criminal law.
Criminal Court Protection Orders
Restraining Orders on Conviction and Acquittal
A restraining order can be made by a criminal court when sentencing an offender for a conviction under any criminal offence. These orders can also be imposed following an acquittal if the court considers they are necessary to protect a person from harassment by the defendant.
Key legal principles include:
- Criminal courts may impose restraining orders when dealing with a defendant to protect victims or other named persons from harassment or a fear of violence.
- The test for imposing a restraining order is whether it is necessary and proportionate to protect the person at risk.
- Orders on acquittal are based on civil standards of proof (balance of probabilities) rather than the criminal standard.
These orders may last for a specified period or until further order and can place prohibitions on contacting a person, visiting specific locations, or engaging in specified conduct.
Civil Protection Orders with Criminal Consequences
Non‑Molestation Orders
A non‑molestation order is a protective injunction made by the family court under the Family Law Act 1996, typically in domestic abuse or family contexts. It can prohibit an abuser from using or threatening violence, harassing, pestering or intimidating the applicant or relevant children.
Crucially, although this is a civil order:
- Breach is a criminal offence under section 42A of the Family Law Act 1996 as amended by the Domestic Violence, Crime and Victims Act 2004, punishable by up to five years' imprisonment.
- Police can arrest a person who breaches the order without a warrant if the order contains an arrest condition.
Non‑molestation orders do not affect property rights or ownership; they regulate the respondent's behaviour.
Stalking Protection Orders and Other Civil Orders
Under the Stalking Protection Act 2019, police can apply for stalking protection orders that prohibit or require certain conduct to protect victims from stalking and associated risks. Breaches of stalking protection orders are criminal offences.
Similarly, forced marriage protection orders are civil but breach is a criminal offence.
Breach of Protection Orders and Criminal Law
Criminalisation of Breach
The interaction between protection orders and criminal law is most clearly seen in the treatment of breaches:
- Breaching a restraining order imposed by a criminal court is a criminal offence, triable either way, carrying a maximum penalty of up to five years' imprisonment and/or an unlimited fine.
- Breaching a non‑molestation order, a stalking protection order or a forced marriage protection order is likewise a criminal offence. Police may arrest without a warrant and prosecutors (CPS) may bring charges accordingly.
When charging decisions are made, prosecutors are advised to consider whether the conduct giving rise to the breach constitutes other new offences (for example harassment, stalking, assault). Prosecutors may charge both the breach and any substantive offences arising from the same conduct, giving courts the ability to impose appropriate sentences that reflect the totality of offending behaviour.
Enforcement and Powers of Arrest
Police have specific powers linked to protective orders:
- For non‑molestation orders and many civil orders, if a power of arrest is attached, police can arrest without warrant where there is reasonable cause to suspect a breach.
- For criminal restraining orders, breach is itself a criminal offence, and police may take action under ordinary criminal enforcement procedures.
- Some protective orders (e.g., occupation orders with arrest powers attached) may allow immediate police action upon breach for specified conditions.
The interaction between arrest powers and court orders emphasises that criminal law enforcement is a key feature of how protective measures operate in practice.
Practical Considerations for Affected Persons
Reporting and Evidence
If a person believes a protective order has been breached:
- They should report the alleged breach to police promptly with as much evidence as possible, such as messages, witnesses, locations and times.
- Police will decide whether to investigate and may arrest or refer the matter to the Crown Prosecution Service (CPS) for charging decisions.
CPS Role
The CPS assesses evidence and decides whether to charge a breach alone or alongside other offences. Prosecutors also advise courts on appropriate protective orders during criminal proceedings and may apply for variation or discharge of an order where circumstances change.
Dual Civil and Criminal Paths
Where a civil order exists (e.g. a non‑molestation or stalking protection order), the breach can be pursued as a criminal matter. Alternatively, in some circumstances, the protected person might pursue contempt of court proceedings in the civil jurisdiction where the order was made, although only one route-civil or criminal-can ordinarily be followed for a particular breach.
Common Questions
Can a restraining order be made after acquittal?
Yes. Criminal courts can impose a restraining order on acquittal under the Protection from Harassment Act 1997 if necessary to protect a person from harassment.
Do civil protective orders create criminal records?
The order itself does not create a criminal conviction, but a breach of a civil protective order that leads to prosecution and conviction will appear on a criminal record.
Can a breach lead to additional charges?
Yes. Prosecutors often consider whether conduct breaching a protective order also constitutes other offences (such as harassment or assault) and may charge multiple offences.
Final Thoughts
In England and Wales, protective orders operate at the intersection of civil and criminal law. Orders made in civil contexts, such as non‑molestation and stalking protection orders, are enforced through criminal sanctions for breach. Criminal courts use restraining orders both as protective measures and as part of sentencing or post‑acquittal procedures. The enforcement of these orders, including powers of arrest and potential prosecution for breach, highlights the collaboration between civil protections and criminal law enforcement to safeguard victims and deter harmful conduct.
