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 the differences between protection orders and restraining orders in England and Wales, including how each order is obtained, the legal framework, consequences of breach and practical implications for victims of abuse or harassment.
Protection orders and restraining orders are legal tools used in England and Wales to safeguard individuals from harm, abuse, harassment and threatening behaviour. They play distinct roles within the legal system, arising from different courts, legal tests and processes. Understanding the differences between these orders is essential whether you are a member of the public, a legal student or a professional such as a solicitor advising clients. This article explains what each order is, the legal context in which it operates, how it is obtained, the consequences of breach, and the practical implications for those seeking protection.
Legal Framework: Civil and Criminal Orders
In English law, orders intended to protect individuals from harm can broadly be categorised into civil protection orders and criminal restraining orders:
- Protection Orders are generally civil orders made by family or civil courts to prevent further abuse, harassment or threatening behaviour.
- Restraining Orders are made by criminal courts and are attached to criminal proceedings.
This distinction is underpinned by specific legislation and procedures which determine how and when each order can be made.
What Is a Protection Order?
In the family and civil court context, “protection order” can refer to a number of civil orders designed to restrain harmful behaviour.
Non‑Molestation Orders
A Non‑Molestation Order (“NMO”) is one of the most common protective orders under the Family Law Act 1996. It prohibits another person from:
- Using or threatening violence;
- Harassing, intimidating or pestering the protected person;
- Contacting the protected person directly or indirectly; and
- Coming near their home, workplace or other specified locations.
Breaching an NMO is a criminal offence, enforceable by arrest and prosecution.
Occupation Orders and Other Family Court Protection Orders
Other civil protection orders include:
- Occupation Orders - regulate who can live in or use the family home, including excluding a person from the property if it is unsafe for them to remain there.
- Domestic Abuse Protection Orders (DAPOs) - introduced by the Domestic Abuse Act 2021 and piloted in selected areas, these can include broader prohibitions and positive requirements (e.g. behavioural programmes).
- Domestic Violence Protection Orders (DVPOs) and Domestic Violence Protection Notices (DVPNs) - shorter‑term civil orders made via magistrates' courts to provide immediate protection following alleged abuse.
- Stalking Protection Orders (SPOs) - aimed specifically at preventing stalking behaviour.
Civil protection orders are applied for by the applicant (often the victim or someone acting on their behalf) and are assessed on the balance of probabilities - the civil standard of proof.
What Is a Restraining Order?
A Restraining Order is a distinct type of order made within the criminal court system under the Protection from Harassment Act 1997 and other criminal statutes. It is designed to protect a victim of criminal behaviour from further harm by restricting the defendant's actions.
Key Characteristics
- Attachment to Criminal Proceedings: A restraining order can be imposed following conviction for an offence or, in some cases, after acquittal, where the court believes protection is necessary.
- Purpose: The primary purpose is protective rather than punitive, preventing further harassment, contact or threatening behaviour.
- Wide Range of Conditions: Conditions may include prohibiting contact (direct or indirect), approaching specific locations, threatening or intimidating conduct, or any other restriction the court considers necessary.
- Criminal Enforcement: Breach of a restraining order is a criminal offence, punishable by significant penalties including imprisonment.
Unlike civil protection orders, individuals cannot apply directly for a restraining order. It must be sought by the police or prosecutor as part of criminal proceedings.
Court Process: How Orders Are Obtained
Protection Orders
Protection orders are obtained through family or civil courts. The typical process includes:
- Application: The applicant files the relevant forms (for example, Form FL401 for non‑molestation or occupation orders).
- Supporting Evidence: A witness statement and supporting documents set out the reasons protection is sought.
- Hearing: The court may hear evidence with or without notice to the respondent, depending on urgency and risk.
- Decision: The judge decides whether the circumstances justify granting the order.
The standard of proof is civil - the court must be satisfied that it is more likely than not that abuse, harassment or risk of harm exists.
Restraining Orders
Restraining orders arise within criminal proceedings:
- The police and Crown Prosecution Service (CPS) may seek a restraining order as part of a criminal case, either when a defendant is convicted or where a court considers it necessary following an acquittal.
- A separate hearing within the criminal court determines conditions and duration.
- The order remains enforceable as part of the criminal court's sanctions once imposed.
Consequences of Breach
Both protection orders and restraining orders can be enforced through criminal sanctions, but there are differences:
- Protection Order Breach: For many civil protection orders, breach is a criminal offence leading to arrest and prosecution (for example, non‑molestation orders carry a maximum five‑year sentence).
- Restraining Order Breach: Breach is a criminal offence under the relevant Act, punishable by imprisonment or fines.
The severity of penalties reflects the seriousness with which the courts and criminal justice system treat breaches that put victims at continued risk.
Practical Implications
- Protection orders offer accessible civil mechanisms to prevent abuse and harassment, particularly where criminal proceedings have not resulted in conviction. They provide essential safeguards for victims and their families.
- Restraining orders extend protection following criminal conduct, often supplementing other sanctions such as imprisonment or community penalties.
- Newer orders such as DAPOs reflect evolving policy aimed at broader and more flexible protection regimes.
Key Takeaways
Protection orders and restraining orders serve related but distinct roles in the legal system of England and Wales. Protection orders are civil court orders - such as non‑molestation and occupation orders - made to prevent further harassment, abuse or harm, often in family law contexts. Restraining orders are criminal court orders attached to criminal proceedings, aimed at preventing further conduct that amounts to harassment or fear of violence. Both have serious legal consequences for breach and are crucial tools in safeguarding victims of domestic abuse, harassment and threatening behaviour.
