This guide is maintained as a current resource for July 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 to protection orders in harassment and stalking cases in England and Wales, explaining stalking protection orders, restraining orders, injunctions, eligibility criteria, application process and enforcement to help victims understand legal protections and safety mechanisms.
Harassment and stalking are forms of abusive conduct that can seriously affect a person's safety, mental wellbeing and daily life. In England and Wales, victims have access to a range of protection orders - civil and criminal - designed to prevent further harmful behaviour and support safety. These orders operate alongside criminal offences under the Protection from Harassment Act 1997 and the Stalking Protection Act 2019, and include tools such as stalking protection orders, restraining orders and injunctions. This article explains the legal framework, types of orders available, eligibility, the application process, enforcement and common questions that arise in cases involving harassment or stalking.
Legal Understanding of Harassment and Stalking
Under the Protection from Harassment Act 1997, harassment involves a course of conduct that causes another person alarm or distress. The Act does not define stalking precisely, but amendments introduced stalking offences framed around repeated and intrusive conduct such as following, contacting, monitoring or loitering that is likely to cause fear or serious distress.
The Stalking Protection Act 2019 introduced a specific civil tool - the stalking protection order - allowing courts to impose restrictions and requirements on individuals deemed to pose a risk of stalking, even before conviction for a stalking offence.
Types of Protection Orders for Harassment and Stalking
Stalking Protection Orders (SPOs)
A stalking protection order is a civil order that magistrates' courts can make on police application where:
- The respondent has carried out acts associated with stalking.
- The respondent poses a risk of stalking to another person.
- The order is necessary to protect that person from the risk.
An SPO can include prohibitions - such as banning contact, approaching the victim or visiting certain locations - and positive requirements such as attending intervention programmes. These orders aim to prevent harmful conduct before it escalates to conviction.
Breaching an SPO is a criminal offence without reasonable excuse, punishable by imprisonment of up to five years or a fine, or both, on indictment.
Restraining Orders
A restraining order can be imposed by criminal courts either on conviction or (in some cases) following acquittal where the court considers it necessary to protect a victim from harassment or conduct that causes fear of violence. The order may prohibit or restrict specified conduct, and breaching it is a criminal offence.
Restraining orders can apply even where the initial offence related to harassment rather than domestic abuse, offering a protective layer directly tied to the criminal process.
Non‑Molestation Orders and Other Injunctions
In family proceedings, victims of domestic abuse - including stalking or harassment by an intimate partner or family member - may also seek a non‑molestation order under the Family Law Act 1996. Although primarily used in domestic contexts, such orders can prohibit unwanted contact or behaviour, and breaches are criminal offences.
Civil injunctions under the Protection from Harassment Act (section 3) can also be obtained where conduct amounts to harassment, allowing victims to prohibit further conduct of a similar kind. These injunctions operate in the civil context and can be enforced through contempt proceedings if breached.
Who Can Apply and Eligibility Criteria
- Stalking Protection Orders (SPOs): Only a chief officer of police may apply to magistrates' court for an SPO on behalf of a victim or person at risk. The victim does not need to have been formally convicted of stalking offences.
- Restraining Orders: These are usually imposed by a criminal court as part of sentencing, or on acquittal where the court considers it necessary to prevent further harassment.
- Non‑Molestation Orders: Individuals with qualifying relationships (such as current or former partners, cohabitants or family members) can apply in the family court.
- Civil Injunctions under the Protection from Harassment Act: Any person affected by harassment conduct satisfying the statutory definition may seek an injunction.
The Application and Court Process
Stalking Protection Orders
Police assess the risk posed by the alleged stalker using specialist tools and victim input. If criteria are met, the chief constable applies to the magistrates' court for an interim or full SPO. The court considers evidence of stalking behaviour and the risk involved, and may make an order with terms necessary to protect the victim.
The respondent must comply with prohibitions and requirements across England and Wales, and terms should be proportionate to risk while avoiding unnecessary interference with the respondent's lawful obligations.
Restraining Orders and Criminal Process
When stalking or harassment offences are prosecuted, prosecutors or the court may propose restraining orders alongside sentencing. The court evaluates necessity based on evidence of risk to the victim.
Civil Injunctions and Non‑Molestation Orders
An individual can apply directly for a civil injunction or non‑molestation order. The applicant must provide witness statements and evidence of harassment or stalking behaviour. The hearing typically follows the balance of probabilities standard in civil cases.
Enforcement and Penalties
Breaching protective orders - whether SPOs, restraining orders or non‑molestation orders - is generally a criminal offence. Police prosecute breaches vigorously, and the Crown Prosecution Service (CPS) warns that blatant disregard for protection orders will result in charges beyond the breach itself, including any new stalking or harassment offences.
Penalties vary by order type and breach severity. For example, breach of a stalking protection order can lead to prosecution on indictment with up to five years' imprisonment or a fine. Restraining order breaches attract similar criminal consequences.
Practical Considerations for Victims
Evidence and Reporting
Victims should report stalking or harassment to police as soon as possible, providing detailed evidence such as messages, correspondence, social media records and incident logs to support risk assessments and applications.
Support Services
Specialist support - including Independent Stalking Advocacy Caseworkers (ISACs) or Independent Domestic Violence Advisers (IDVAs) - can assist victims through the legal process, liaise with police and help manage safety planning.
Complementary Legal Options
In many cases, protective measures may be pursued in parallel with criminal charges, civil injunctions or restraining orders, offering a multi‑layered approach to risk reduction and victim safety.
Key Takeaways
In England and Wales, victims of harassment and stalking have access to a range of protection orders that can limit harmful conduct and help prevent further abuse. Stalking protection orders provide a preventative civil tool police can apply for without waiting for conviction; restraining orders can be made as part of criminal proceedings; and civil injunctions or non‑molestation orders offer remedies through the courts. Each order involves specific eligibility criteria and application processes, and breaches are treated as criminal offences. Early reporting, evidence gathering and engagement with support services help ensure protection orders are effective and enforceable.
