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.
Learn what a restraining order is in England and Wales, how it works in criminal proceedings, when and why courts impose them, what they involve, and the consequences of breaching the order. Clear, comprehensive guidance for all readers.
A restraining order is a type of protective court order made in criminal proceedings in England and Wales that prohibits a person from engaging in specified behaviour towards one or more other individuals. Its primary purpose is to protect victims or other named persons from harassment, threats, violence or fear‑inducing conduct following a criminal trial, whether the defendant is convicted or acquitted. A restraining order is not a civil injunction sought by the victim; it arises in a criminal justice context and carries criminal sanctions if breached.
This article explains what restraining orders are, how they work, when and why they are issued, how long they last, the consequences of breaching them and how they differ from other protective orders in law.
What Is a Restraining Order?
In the criminal law of England and Wales, a restraining order is a court‑imposed order that prohibits a person (the respondent) from carrying out certain actions that could harm or threaten another person (the protected person). These actions often include contact, harassment, threats, stalking, violence or behaviour likely to cause fear. The order is designed to prevent future harm rather than punish past conduct.
Restraining orders are made under two principal legal frameworks:
- Following conviction of a criminal offence – under sections 359–364 of the Sentencing Act 2020.
- After acquittal – under section 5A of the Protection from Harassment Act 1997, where the court considers the order necessary to protect a person from harassment even though the defendant was not convicted.
They are criminal in nature and breach of a restraining order is itself a criminal offence, which can lead to imprisonment, fines, or both.
When Can a Restraining Order Be Made?
After Conviction
Once a defendant is convicted of a criminal offence, the court may make a restraining order at the time of sentencing. The court must be satisfied that the order is necessary to protect the victim or other named persons from conduct that amounts to harassment or that will cause fear of violence. The court's decision will be based on evidence introduced during the trial and any additional material presented by prosecutors or the defence.
After Acquittal
In some cases, even if a defendant is acquitted, a restraining order may still be made if the court considers it necessary to protect someone from harassment. For this purpose, a lower civil standard of proof applies (on the balance of probabilities) because no conviction has been recorded.
Purpose of the Order
Restraining orders are preventative and protective, not punitive. Courts must consider several factors before imposing one:
- The views of the person to be protected.
- Whether the order is necessary to provide protection.
- That the terms are proportionate to the harm the order is meant to address.
- Where children are involved, the order should not unduly prevent appropriate contact.
What Does a Restraining Order Involve?
A restraining order can include a variety of conditions tailored to the circumstances of the case, such as:
- Prohibiting all contact with the protected person.
- Restricting presence in certain places (for example, near a home, workplace, school, or other locations).
- Limiting actions that may cause fear, harassment or intimidation.
Conditions must be drafted clearly and precisely to avoid uncertainty about prohibited behaviour. Courts may even reference specific locations or maps to set clear boundaries where appropriate.
Duration
A restraining order may have:
- A specified duration, or
- Be in force “until further order” from the court.
The length and conditions depend on the risk assessment and circumstances of the case.
Enforcement and Consequences of Breach
Breaching a restraining order without a reasonable excuse is a criminal offence in its own right. Sanctions can include:
- Imprisonment of up to five years.
- An unlimited fine, depending on the severity of the breach and the conduct involved.
Police have the power to arrest without a warrant if they reasonably suspect a breach has occurred, and prosecution can follow. Courts dealing with a breach may also consider variations or even discharge of the order where circumstances have changed.
It is also possible that conduct underlying the breach may constitute other criminal offences (such as harassment, assault, stalking or public order offences), which can be charged alongside the breach of the restraining order.
Restraining Orders Compared with Other Protective Orders
There are multiple protective mechanisms in English and Welsh law:
- Restraining Orders – made in criminal proceedings and carry criminal penalties if breached.
- Non‑molestation Orders – civil orders made by family or county courts to protect against violence, threats, intimidation or harassment; breach is also a criminal offence.
- Domestic Violence Protection Orders (DVPOs) – temporary protective orders made in magistrates' courts following a Domestic Violence Protection Notice issued by police, designed to protect victims immediately after an incident.
Restraining orders are unique in that they arise within criminal justice proceedings and apply directly to the defendant after trial, rather than requiring separate civil applications by victims.
Variation and Discharge of Orders
A restraining order can be varied or discharged if circumstances change significantly. Applications to vary or discharge an order can be made by:
- The prosecutor (often through the Crown Prosecution Service).
- The defendant subject to the order.
- Any other person named in the order.
Courts will consider whether changes in circumstances justify amending or removing conditions, taking into account the protection needs of the victim and the rights of the respondent.
Practical Examples
Restraining orders are most commonly used in cases involving:
- Domestic abuse, where there is ongoing risk to a current or former partner.
- Harassment or stalking, where repeated conduct causes fear or distress to a victim.
- Threatening or violent behaviour, where restrictions on contact and proximity are needed.
Because they are derived from criminal proceedings, restraining orders can provide a strong legal protection where the criminal court has evidence to justify conditions.
Key Takeaways
A restraining order in England and Wales is a criminal court order designed to protect victims from harassment, threats, violence or conduct that would cause fear, whether the defendant has been convicted or acquitted. Orders must be necessary and proportionate, and breach of the order is a criminal offence with significant penalties. Restraining orders are part of a suite of protective legal measures alongside civil orders and police‑issued protection notices, each serving different needs depending on the context and timing of the risk.
