Restraining Order

A restraining order is an order made by a criminal court under s.5 of the Protection from Harassment Act 1997 to protect a person from harassment or fear of violence. It can be made upon conviction or acquittal and prohibits the defendant from specified conduct, such as contacting or approaching the protected person. Breach is a criminal offence carrying up to five years imprisonment.

In practice

Restraining orders are distinct from non-molestation orders (which are made in family proceedings). They are enforced by the police and Crown Prosecution Service through criminal proceedings for breach, not by civil enforcement methods. The order can be varied or discharged on application by either party, the prosecution, or any person mentioned in the order.