Searching for a restraining order UK process can be confusing because the rules differ across Britain. In England and Wales, criminal courts make these protective orders during or after criminal proceedings. You normally cannot apply for one yourself through the family court.
Someone needing immediate protection may have other legal options instead. These include non-molestation orders, harassment injunctions, and certain domestic abuse protection orders. The correct route depends on the relationship, behaviour, location, and any criminal proceedings.
Key facts at a glance
| Question | England and Wales |
|---|---|
| Who makes the order? | A criminal court |
| Can a victim directly apply for it? | Normally no |
| Can it follow a conviction? | Yes, for any offence where protection is needed |
| Can it follow an acquittal? | Yes, where protection from harassment is necessary |
| What can it prohibit? | Contact, approaching locations, harassment, or other specified conduct |
| How long can it last? | A specified period or until further order |
| Is breaching it an offence? | Yes, without reasonable excuse |
| Maximum sentence for breach on indictment | Five years’ imprisonment |
| Does Scotland use the same system? | No; non-harassment orders are generally used |
| Does Northern Ireland have restraining orders? | Yes, under separate Northern Irish legislation |
Direct answer: In England and Wales, a criminal court can impose an order protecting someone from harassment or feared violence. It may follow a conviction and can sometimes follow an acquittal. Victims seeking protection themselves usually need a different civil or family-court remedy.
What Is a Restraining Order UK Court Can Make?
A restraining order UK criminal court makes is designed to prevent further harmful conduct. Its purpose is protective rather than punitive. The court can prohibit behaviour considered necessary to protect named people.
In England and Wales, section 360 of the Sentencing Act 2020 governs orders following conviction. A court dealing with an offender may impose suitable restrictions alongside the sentence. The protection can cover the victim or another person named in the order.
An order can address conduct amounting to harassment or conduct causing fear of violence. Harassment includes behaviour causing alarm or distress under the Sentencing Code. Exact restrictions depend on the facts and identified future risk.
When Can a Criminal Court Make the Order?
A court in England or Wales can make one after conviction for any criminal offence. The offence does not itself need to be harassment or stalking. The court must consider future protection necessary in the circumstances.
An acquittal does not always prevent protective restrictions. Section 5A of the Protection from Harassment Act 1997 permits an order after acquittal. The court must consider it necessary to protect someone from harassment by the defendant.
This distinction often surprises people researching the subject. An acquittal answers the criminal charge under the applicable criminal standard. The separate protective question concerns whether restrictions remain necessary against future harassment.
Can You Apply for One Yourself?
In England and Wales, you do not normally submit your own application for this particular criminal order. The issue arises within criminal court proceedings involving the defendant. Prosecutors can provide evidence, risk information, victim views, and proposed restrictions.
That does not mean someone must wait without protection. Family and civil courts provide other routes for appropriate cases. Police also have access to particular protective measures involving stalking and domestic abuse.
For broader information about abuse-related legal support, see Legalyst’s domestic violence lawyer guide. Readers unfamiliar with criminal proceedings may also find the Legalyst criminal-law guide on bail and court obligations useful. Legalyst also explains how to find information about judges and court assignments.
What Can the Court Prohibit?
The wording should reflect the particular risk rather than impose vague restrictions. Conditions must tell the defendant clearly what conduct is forbidden. The court considers what protection is necessary and proportionate.
Depending on the case, restrictions may cover:
- Direct telephone calls, messages, emails, or social-media contact.
- Indirect contact through friends, relatives, or other intermediaries.
- Approaching the protected person at home, work, or another location.
- Entering a defined street, neighbourhood, workplace, or other area.
- Following, monitoring, threatening, intimidating, or harassing someone.
- Particular conduct connected with the offence or future identified risk.
The precise wording matters because breach can lead to another criminal prosecution. Anyone subject to an order should understand every condition before leaving court. Uncertainty should be raised promptly with a solicitor.
How Long Does the Protection Last?
The Sentencing Act allows an order for a specified period. The court can instead make it continue until further order. There is therefore no universal duration applying to every case.
The length depends on factors including future risk and the circumstances before the court. Some restrictions may be required for years. Others may remain effective indefinitely unless the court later changes them.
Relevant parties can seek variation or discharge through the court that made the order. A protected person named in it has a right to be heard. The court considers the evidence before changing existing protection.
What Happens If Someone Breaches the Order?
Breaching a prohibition without reasonable excuse is itself a criminal offence in England and Wales. A breach should therefore not be treated as a private disagreement. Police can investigate suspected violations, and further criminal proceedings may follow.
The offence is triable either way. On indictment, the maximum sentence is five years’ imprisonment, a fine, or both. Sentencing depends on circumstances, culpability, harm, and other relevant factors.
The law changed in June 2026 regarding magistrates’ court sentencing powers for these offences. Older online guides may therefore contain outdated summary-court limits. Current legislation should be checked whenever penalties materially affect a case.
Restraining Orders and Non-Molestation Orders Are Different
A non-molestation order is a family-court injunction used in qualifying domestic abuse cases. It can protect an applicant or child against violence, threats, intimidation, harassment, or other molestation. A person can apply for this remedy without waiting for a criminal conviction.
That makes it fundamentally different from the criminal-court process described above. A person facing abuse by a partner, former partner, or certain relatives may qualify. Eligibility depends on the statutory relationship requirements and individual facts.
Applications can be made online, by email, by post, or in person. Emergency applications may sometimes proceed without first notifying the respondent. GOV.UK states that there is no court fee for these domestic abuse injunction applications.
| Feature | Criminal protective order | Non-molestation order |
|---|---|---|
| Court route | Criminal court | Family court |
| Direct victim application | Normally no | Yes, if eligible |
| Criminal case required | Connected with criminal proceedings | No |
| Main purpose | Prevent future harassment or feared violence | Protect against abuse or molestation |
| Breach | Criminal offence | Criminal offence |
| Typical context | Harassment, stalking, threats, violence, other offences | Domestic or family abuse |
Other Protection Against Harassment or Stalking
A person who cannot obtain a family-court injunction may still have other options. The Protection from Harassment Act 1997 includes a civil remedy for harassment. Specific legal advice can identify whether an injunction and damages are available.
Stalking Protection Orders provide another route in England and Wales. Police can apply where the statutory conditions concerning stalking-related acts and risk are satisfied. A criminal conviction is not required before the order can be considered.
Domestic Abuse Protection Orders are also being introduced through designated areas. Their availability remains geographically restricted under the current rollout. GOV.UK should be checked for the latest participating locations before relying on that route.
Does the Law Work the Same Way Across the UK?
No. Searches using “UK” often hide significant jurisdictional differences. England and Wales, Scotland, and Northern Ireland operate under different statutes and procedures.
Scotland mainly uses non-harassment orders rather than the England and Wales terminology. Criminal courts can impose these protections in circumstances set by Scottish legislation. Civil non-harassment orders can also be sought through the sheriff court or Court of Session.
Scottish rules also changed during 2026. New provisions expanded circumstances where courts must consider non-harassment protection in certain cases. Anyone dealing with a Scottish case should rely on current Scottish legislation and advice.
Northern Ireland does have statutory restraining orders. Courts can make them after conviction for an offence and can also act after acquittal. The governing provisions sit within the Protection from Harassment (Northern Ireland) Order 1997.
What Should You Do If You Need Protection Now?
Call 999 when there is an immediate danger or emergency. Otherwise, report relevant stalking, harassment, threats, or violence through the appropriate police channel. Keep useful evidence where doing so is safe.
Evidence can include messages, call records, emails, photographs, witness details, and a dated incident log. Avoid placing yourself at additional risk simply to collect evidence. Police, specialist support services, or a solicitor can advise on suitable protective routes.
Someone already involved in criminal proceedings can tell police or prosecutors about continuing safety concerns. Those concerns may inform decisions about bail conditions or protective orders. Case-specific legal advice is especially useful where children, shared housing, or unavoidable contact complicate restrictions.
Frequently Asked Questions
How do I get a restraining order UK courts will enforce?
In England and Wales, you usually cannot apply directly for this criminal-court measure. The criminal court considers it during proceedings against the defendant. Someone seeking direct protection may instead qualify for another injunction or protective order.
Can an order be made if the defendant is found not guilty?
Yes, in England and Wales this can happen after an acquittal. The court must consider protection from harassment necessary under section 5A. The protective decision is distinct from the criminal verdict.
Does there have to be physical violence?
No. Harassment can include conduct causing alarm or distress. Restrictions can address communications and other behaviour, depending on the evidence.
Can an order stop someone contacting me online?
It can prohibit communications where the court considers that restriction necessary. Wording varies between cases and should identify prohibited behaviour clearly. Digital messages and indirect contact may therefore be covered.
Can the terms be changed later?
Yes. The Sentencing Act provides a procedure for variation or discharge. An application is made to the court which originally imposed the protection.
Is the process identical in Scotland?
No. Scotland uses a different framework centred on non-harassment orders. Both criminal and civil protective routes exist under Scottish law.
Getting the Right Form of Protection
The biggest mistake is assuming every protective injunction has the same name and procedure. The right route depends on the jurisdiction, relationship, behaviour, and existing court proceedings. Getting that distinction right can prevent delay at a difficult time.
In England and Wales, criminal courts impose the measure covered in this guide. Direct applicants often need a family or civil remedy instead. Scotland and Northern Ireland have separate frameworks that require jurisdiction-specific advice.
