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 when courts in England and Wales can grant a restraining order in family‑related cases, including statutory criteria under the Protection from Harassment Act 1997 and Sentencing Act 2020, differences from family court injunctions, evidence requirements and enforcement.
In English and Welsh law, restraining orders are a form of court order designed to protect individuals from harassment, intimidation or violence. Unlike many civil orders (such as non‑molestation orders), restraining orders are primarily issued by criminal courts but they can play a role in family cases where domestic abuse or related criminal behaviour has occurred. They can be issued after conviction or acquittal, and in some circumstances on application if necessary to protect someone from future harm. This article explains the legal circumstances in which courts can grant a restraining order, the statutory framework that applies, how restraining orders differ from other protective orders, and practical considerations for family law contexts.
What Is a Restraining Order?
A restraining order is a legally binding order prohibiting a person from engaging in conduct specified by the court. In England and Wales it arises under the Protection from Harassment Act 1997 and the Sentencing Act 2020. It is intended to prevent further harassment or behaviour that causes fear of violence towards a specified person or persons.
Importantly, restraining orders are different from civil injunctions such as non‑molestation or occupation orders under the Family Law Act 1996. The term “restraining order” in the UK typically refers to orders made in the criminal court, not orders made directly in the family court under family law.
Statutory Basis for Restraining Orders
Restraining orders derive from two principal legal sources:
Protection from Harassment Act 1997
- Section 5 empowers a court dealing with a criminal offence to impose a restraining order against a defendant to protect the victim (or others) from harassment or fear of violence.
- Section 5A extends that power so a court may impose a restraining order even following acquittal, if it considers it necessary to protect a person from harassment by the defendant.
Sentencing Act 2020
- Sections 359–364 modernise the regime and confirm that courts can make restraining orders when dealing with an offender, whether on conviction or acquittal, with the intention of prevention and protection.
These statutory provisions underpin the court's ability to grant restraining orders in family cases where criminal proceedings intersect with domestic violence or harassment.
When Courts Can Grant a Restraining Order
1. Following Conviction in Criminal Proceedings
A criminal court can grant a restraining order when dealing with an accused who has been convicted of an offence. This often occurs where the offence involves:
- Harassment
- Violent conduct
- Threats or fear of violence
- Domestic abuse‑related conduct
When imposing the order the court must be satisfied that it is necessary to protect the victim or other persons from further harassment or fear of violence.
Key Contexts:
- Domestic abuse convictions such as assault or harassment
- Stalking offences
- Other conduct where the victim is at risk of repeated harm
A restraining order may be made as part of sentencing or immediately following conviction.
2. After Acquittal or Where There Is No Conviction
A distinctive feature of UK law is that a court can impose a restraining order even where the defendant has been acquitted of the offence in question. In such situations, the court must consider it necessary to protect a person from harassment by the defendant. This power arises from Section 5A of the Protection from Harassment Act 1997.
This means that even if a defendant is found not guilty, or evidence does not sustain a conviction, the court can still impose protective conditions where there is a demonstrated ongoing risk of harassment.
3. At the Court's Own Initiative (‘suo motu')
In some circumstances the court may make a restraining order on its own initiative, without waiting for a specific application. This typically occurs within criminal proceedings where the judge believes a restraining order is appropriate to protect a victim or other persons.
This is less common in family proceedings outside the criminal context, but reflects the court's discretionary powers when safety concerns are evident.
Criteria Considered by the Court
When deciding whether to grant a restraining order, courts apply several guiding principles:
Necessity for Protection
A restraining order will only be made where the court concludes that it is necessary to protect the person identified in the order from further harmful conduct, including harassment or fear of violence.
Views of the Person to Be Protected
The court should consider the views of the person whom the order is intended to protect. Although this does not determine the outcome, the victim's perspective can inform the assessment of risk and appropriate terms.
Proportionality of Terms
Terms must be reasonable and proportionate to the risks they are intended to prevent. Orders may prohibit contact or behaviour that is specific and necessary to address those risks without unnecessarily impinging on the respondent's rights.
Impact on Family Relationships
Where children or family relationships are involved, courts must take care that orders do not make appropriate contact impossible or interfere with lawful parental responsibilities, unless necessary to safeguard safety.
Restraining Orders vs. Injunctions in Family Law
It is important to distinguish restraining orders from family law injunctions such as non‑molestation orders and occupation orders, which are civil orders made by family courts under the Family Law Act 1996. These latter orders can be applied for directly by victims of domestic abuse and operate under a different statutory framework.
Restraining orders:
- Made by criminal courts
- Arise from criminal proceedings or acquittal
- Focus on preventing harassment or fear of violence
Non‑molestation/injunctions:
- Made by family courts
- Applied for by victims of domestic abuse
- Governed by family law and protect individuals and children in domestic settings
Practical Considerations
Evidence of Harassment or Risk
To support a restraining order, courts require evidence that the conduct of the respondent amounts to harassment or is likely to cause fear of violence. In criminal contexts this evidence may come from police reports, witness statements, or patterns of behaviour established at trial.
Terms and Duration
Restraining orders can be tailored to address specific behaviour and may be granted for a specified period or until further order. The terms must be clearly drafted to ensure compliance and enforceability.
Enforcement and Consequences of Breach
Breach of a restraining order is a criminal offence. Where a defendant breaches the terms without reasonable excuse, they may face imprisonment of up to five years and/or an unlimited fine.
Common Questions
Can a Restraining Order Be Made Without a Conviction?
Yes. Under Section 5A of the Protection from Harassment Act 1997, a court may impose a restraining order after acquittal if necessary to protect a person from harassment.
Is the Same Order Used in Family and Criminal Courts?
No. Restraining orders are typically granted in criminal court settings. In family cases, civil injunctive orders (such as non‑molestation orders) are more common for immediate protective relief.
How Is a Restraining Order Different From a Non‑Molestation Order?
A restraining order arises from criminal proceedings and focuses on preventing further harassment or violence, whereas a non‑molestation order is a civil remedy available in family court to protect victims and their children from abusive conduct within domestic relationships.
Final Thoughts
In England and Wales, courts can grant restraining orders in family‑related contexts principally through the Protection from Harassment Act 1997 and the Sentencing Act 2020, usually in conjunction with criminal proceedings. These orders require the court to evaluate whether the restrictions are necessary and proportionate to protect individuals from harassment or fear of violence. They can be imposed after conviction or acquittal, and may be made on the court's own initiative if risk is evident. While distinct from civil family court injunctions, restraining orders form a vital part of the legal framework for protecting victims where behaviour warrants criminal court intervention and ongoing monitoring of conduct.
