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.
A comprehensive guide to protection orders for victims of intimidation or stalking in England and Wales. Explains stalking protection orders, restraining orders, civil injunctions, application processes, breach consequences and practical steps victims can take to seek legal protection. Responds to key questions about law, courts and safety.
Victims of intimidation, harassment or stalking in England and Wales have legal options to protect themselves from further harm. The criminal justice system, civil courts and the police can use protection orders to restrict or manage the behaviour of offenders and reduce the risk of further offending. This article explains what protection orders are, the key types available, how they work, who can apply for them, what happens if they are breached, and practical considerations for victims and their advisers.
Protection orders are intended to improve safety, reduce fear and distress, and intervene before behaviours escalate. They are separate from, but may work alongside, criminal prosecutions for stalking, harassment or related offences.
Understanding Stalking, Harassment and Intimidation
Stalking involves repeated, unwanted behaviour directed at a person that is intrusive, persistent and causes fear of violence or serious alarm and distress. The Protection from Harassment Act 1997 (PHA 1997) provides the legal basis for harassment offences, including stalking behaviours, and defines the conduct that courts will consider in protective contexts.
Intimidation can form part of stalking or harassment and includes conduct that causes fear, distress or alarm. The impact on victims can be severe, including psychological harm, alterations to daily routines, and long-term anxiety.
Key Types of Protection Orders
Protection orders fall into several legal categories. Some are civil orders that police or victims can apply for, while others are imposed by courts as part of criminal proceedings. All are legally enforceable.
1. Stalking Protection Orders (SPOs)
Stalking Protection Orders (SPOs) are civil orders introduced under the Stalking Protection Act 2019. They are designed primarily to protect individuals from behaviours associated with stalking before, during or after a criminal investigation.
- Who applies: Only the police can apply to a magistrates' court for an SPO. Victims do not apply directly.
- Purpose: To prevent the respondent from engaging in conduct that poses a risk associated with stalking or to require them to take specific actions (for example, attending a mental health assessment).
- Criteria: A chief officer of police must show that the respondent has carried out acts connected to stalking, poses a risk to another individual, and that the order is necessary to protect that person.
- Conditions: Orders can ban contact, attendance at certain places, or require positive steps such as surrendering devices or passwords.
- Standard of proof: Courts can use a civil standard of proof (balance of probabilities) for SPO applications, making them more accessible than criminal restraints.
- Breach: Breaching an SPO without reasonable excuse is a criminal offence, punishable with significant penalties and possible imprisonment.
SPOs are flexible tools that can operate even in cases where criminal prosecution is not appropriate or has not yet been brought.
2. Restraining Orders
Restraining orders are made by criminal courts to protect victims from further harassment or violence. They can be imposed:
- On conviction: When a defendant is found guilty of an offence, the court can make a restraining order to protect the victim or others, prohibiting the offender from certain acts such as contacting the victim.
- On acquittal: Under section 5A of the PHA 1997, courts may make a restraining order even after a not‑guilty verdict if it believes it is necessary to protect a person from harassment by the defendant.
Restraining orders are criminal in nature once made, and breaching them carries serious consequences. Individuals who breach without reasonable excuse commit a criminal offence, punishable by imprisonment or a fine.
3. Non‑Molestation Orders and Domestic Abuse Orders
In cases involving domestic abuse, victims may apply for protective orders such as non‑molestation orders in family courts. These orders prevent abusive behaviour, including harassment and stalking, by someone with whom the victim has or had a personal or familial relationship. Breach of a non‑molestation order is a criminal offence.
4. Other Civil Orders
In addition to stalking protection and restraining orders, courts may grant other civil injunctions to restrict behaviour that causes intimidation, harassment or distress, including:
- Injunctions under the Protection from Harassment Act Section 3: Victims may seek a court injunction preventing harassment, including stalking behaviour.
- Domestic Violence Protection Orders (DVPOs): Short‑term orders that can remove an alleged abuser from the home and prohibit contact.
How Protection Orders Work
Application and Court Process
- Police applications (SPOs): Police prepare an application based on risk assessments, evidence of stalking behaviours and victim consultations. Magistrates' courts review the evidence and determine whether criteria are met. Interim orders may be made pending a full hearing.
- Criminal sentencing (restraining orders): If someone is convicted of an offence, the prosecutor may ask the court to impose a restraining order at sentencing. For acquittals, the court conducts a civil assessment.
- Civil applications (injunctions and non‑molestation orders): Victims or their solicitors file applications with appropriate civil courts. The court considers evidence of the risk and whether the order is necessary to prevent harassment or protect the victim.
Conditions of Protection Orders
Protection orders contain specific prohibitions or requirements tailored to the risk and needs of the victim. Common conditions include:
- Prohibiting contact by any means (in person, text, email, social media)
- Excluding the respondent from certain locations (home, workplace, school)
- Requiring attendance on programmes or assessments
- Surrendering devices or passwords.
Clear drafting ensures the respondent knows what behaviour is forbidden or required.
Breach and Enforcement
Breaching a protection order is taken seriously. When an order is in place, any failure to comply without reasonable excuse is a criminal offence. Police can arrest and prosecutors can pursue charges, potentially leading to imprisonment and fines.
Victims should report breaches promptly to the police and provide evidence. Even one incident can amount to a breach once an order is made.
Timeframes and Duration
- Stalking Protection Orders often last for a defined period, such as two years, but may vary based on circumstances and court determination.
- Restraining Orders may be indefinite or linked to the context of conviction and the risk assessment by the court.
- Civil injunctions and non‑molestation orders usually have time limits set by the court, often subject to renewal if necessary.
Who Can Seek Protection and When
Protection orders can be sought:
- Before any criminal conviction, especially through SPOs to address risk early.
- During or after criminal proceedings, to maintain safety alongside prosecution.
- Through civil court applications, where police do not apply or where family law avenues are more appropriate.
Victims, witnesses, family members and others at risk may benefit from these protections, depending on the order type and legal criteria.
Practical Considerations for Victims
- Report behaviour early: Early reporting to police can prompt risk assessments and protective action.
- Document incidents: Keep clear records of stalking, intimidation or harassment behaviours to support risk assessments and applications.
- Seek legal support: A solicitor experienced in protective orders can help clarify options and assist with civil applications where needed.
- Understand conditions: Victims should know what the order prohibits and the process for reporting breaches.
- Support services: Organisations such as Independent Stalking Advocacy Caseworkers (ISACs) can guide victims through procedures.
Common Questions
Can I get an order without criminal proceedings?
Yes. Police can apply for stalking protection orders independently of criminal charges, and victims can seek civil orders through family courts.
What happens if the offender breaches the order?
Breaching a protection order is a criminal offence. Police can arrest the respondent, and prosecution can lead to imprisonment and fines.
Do protection orders expire?
Yes. Orders have defined durations, which vary by order type. Some can be renewed if ongoing risk is demonstrated.
Key Takeaways
Protection orders provide vital legal safeguards for victims of intimidation, stalking and harassment in England and Wales. Police‑applied stalking protection orders, court‑imposed restraining orders following criminal cases, and civil injunctions or non‑molestation orders each serve to reduce risk and intervene in harmful behaviour. Victims can seek protection at various stages, from early intervention to post‑conviction, and breach of these orders carries significant legal consequences. Seeking help early, documenting incidents, and understanding the process can enhance safety and legal outcomes.
