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 to restraining orders in divorce and separation cases in England and Wales. Explains how restraining orders arise in criminal proceedings under the Protection from Harassment Act 1997 and Sentencing Act 2020, how they differ from non‑molestation and other injunctions, what courts consider, enforcement of breaches and practical implications for protection in family disputes.
Restraining orders form part of the legal protections available where there is harassment, domestic abuse or risk of harm between parties during divorce, separation or related family disputes. While the term restraining order is often used in everyday language to describe a court order that limits someone's behaviour, in the legal system of England and Wales it has a specific meaning and role, distinct from other protective injunctions such as non‑molestation orders and occupation orders. This article explains what restraining orders are, how they arise in practice, the legal processes involved, how they differ from other protective orders, enforcement and common questions that arise in separation cases.
What a Restraining Order Is
A restraining order is a court order that prohibits an individual from doing specific acts - for example contacting, approaching or harassing another person - to protect a victim from further harm or intimidation. In England and Wales, restraining orders are generally made within criminal proceedings by magistrates' courts or the Crown Court under provisions in the Protection from Harassment Act 1997 and the Sentencing Act 2020.
Key Legal Features
- Criminal context: Restraining orders are most commonly made in the context of a criminal case, such as where there has been a conviction for harassment, assault or other relevant offence.
- Post‑acquittal powers: In some circumstances, courts can impose a restraining order even following an acquittal when it is considered necessary to protect a person from harassment.
- Purpose: The primary aim is to prevent future offending behaviour, not to apportion civil liability.
- Enforcement: Breach of a restraining order is a criminal offence, carrying possible imprisonment or fines, and can be enforced by the police.
Restraining orders are therefore protective, not punitive: the focus is on protecting potential victims from repeated or continuing conduct that amounts to harassment, causes fear of violence or otherwise threatens safety.
How Restraining Orders Arise in Separation Contexts
Restraining orders are not directly applied for by family court applicants in divorce or separation cases in the way that non‑molestation orders are. Instead:
- Criminal proceedings start when conduct that could constitute harassment, stalking, assault or other relevant offence is reported to the police and charges are brought.
- During or at the conclusion of these proceedings, the prosecutor may apply for a restraining order to protect a victim from further conduct that amounts to harassment or causes fear of violence.
- The criminal court can make a restraining order at sentencing following conviction or, in some cases, after acquittal if the court decides protection is necessary.
In divorce and separation situations, this often arises where allegations of harassment or violence have been reported to police and lead to criminal charges. A restraining order issued in this context may prohibit contact or proximity, impose distance restrictions or place other behavioural constraints on the respondent.
Distinction From Civil Protective Orders
Restraining orders differ from civil injunctions used in family law such as non‑molestation orders and occupation orders under the Family Law Act 1996:
- Non‑molestation orders are civil injunctions made by the family courts to prevent harassment or abuse by an associated person (such as a spouse, former partner or co‑parent) and are applied for by the victim. A breach is a criminal offence.
- Occupation orders deal with rights to reside in the family home or exclude someone from occupying or entering it.
- Restraining orders, by contrast, are a criminal court protection and generally arise from criminal proceedings rather than a direct application in family court.
In some cases, an individual may hold both a restraining order (from criminal proceedings) and a non‑molestation order (from family court proceedings) aimed at similar protective outcomes but deriving from different legal processes.
What the Court Will Consider
When deciding whether to make a restraining order, the criminal court will consider:
- Whether the order is necessary to protect the victim or other named persons from harassment or fear of violence.
- The views of the person to be protected, including the desired terms and appropriate duration.
- Whether the terms of the order are reasonable and proportionate to the risk.
The court may tailor conditions so that they are clear, specific and practicable, for example by defining prohibited actions, communication restrictions or boundaries relating to locations.
Duration and Variation
Restraining orders can be set for a specified period or continue until further order depending on risk and circumstances. They may be varied or discharged if circumstances change, with applications for variation considered by the original court.
Enforcement and Consequences of Breach
Breaching a restraining order is a criminal offence. Consequences can include arrest, prosecution and penalties such as imprisonment and/or fines. The exact penalties depend on the terms of the order, the nature of the breach, and the applicable statutory regime.
A breach may also give rise to additional charges if the conduct constitutes a separate offence, such as harassment or violence.
Practical Implications in Divorce or Separation
Restraining orders can be particularly relevant where allegations of harassment, stalking or violence between separating partners lead to police involvement and criminal charges. They may offer strong protective conditions where non‑molestation orders alone are insufficient or where a criminal prosecution is pursued alongside family law claims.
Where a victim's application for protection is being made, it is important to understand whether the appropriate route is through the family court (non‑molestation order), the criminal court (restraining order), or both, depending on the nature of the conduct, statutory eligibility and whether there are criminal proceedings. Legal advice can be critical to navigating these options effectively.
Common Questions
Can I apply for a restraining order directly in family court?
Not usually. Restraining orders are generally made in criminal proceedings, whereas protective injunctions such as non‑molestation orders are applied for in family court.
Do restraining orders protect children?
Yes. A restraining order can name a child or children as protected persons if the court considers it necessary to prevent harassment or harm.
What happens if the respondent breaches the order?
Breaching a restraining order is a criminal offence. Police can enforce it and a breach can lead to prosecution.
Key Takeaways
In separation and divorce cases in England and Wales, restraining orders serve as criminal court protections designed to prevent further harassment, violence or intimidation by a respondent against a victim or other named persons. They arise mainly within criminal proceedings, either following conviction or in certain cases of acquittal where the court deems protection necessary. Restraining orders differ from family court protective injunctions such as non‑molestation orders and occupation orders, though they can operate alongside them to address complex risk and safety issues. A court will tailor a restraining order to the risk present and enforce breach as a criminal offence, offering a powerful legal shield where behaviour crosses criminal thresholds or where safety concerns extend into the criminal justice system.
