How to apply for a restraining order in the UK?

Someone is making your life unbearable. Perhaps they won’t stop contacting you, they’re threatening you, or you genuinely fear what they might do next. You need protection, and you need it now. UK law allows you to apply for restraining order protection, and the process is more accessible than most people realise. For urgent cases or complex situations, instructing a solicitor specialising in harassment and protective orders ensures nothing is overlooked.

Read on to discover the step-by-step process for securing legal protection fast.

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What is a restraining order?

A restraining order is a court-issued legal directive that prohibits someone from contacting you or coming near you, with criminal consequences if they breach it. The different types available include:

• Criminal restraining orders: Issued by criminal courts, usually after someone has been convicted or acquitted of an offence against you, requiring no separate application from you in most cases.
• Non-molestation orders: Civil injunctions obtained through family courts, available when there’s a domestic relationship between you and the perpetrator, covering domestic abuse and harassment.
• Occupation orders: Regulate who can live in the family home, often granted alongside non-molestation orders in domestic violence cases.
• Injunctions under the Protection from Harassment Act 1997: Civil orders you can pursue independently when there’s no domestic connection, requiring you to fund and drive the application yourself.
• Criminal route vs civil route: Criminal restraining orders cost nothing but depend on police prosecution, while civil injunctions give you direct control but involve court fees unless you qualify for legal aid.

Grounds for a restraining order UK: When can you apply?

You don’t need to wait until you’re physically harmed to seek protection; UK courts recognise various circumstances that justify restraining orders:

• Harassment restraining order circumstances: Repeated unwanted contact, messages, emails, or behaviour causing alarm or distress, requiring at least two incidents to establish a pattern of harassment.
• Domestic abuse situations: Physical violence, controlling behaviour, coercive control, economic abuse, or emotional abuse within current or former intimate relationships, family connections, or shared households.
• Stalking and threatening behaviour: Following you, monitoring your activities, loitering near your home or workplace, making threats to harm you or your loved ones, or obsessive unwanted attention.
• Fear of violence criteria: You must demonstrate genuine fear for your safety, even without prior physical attacks; threatening language, aggressive behaviour, or a history of violence suffices.
• Can you get a restraining order on anyone?: Yes, regardless of relationship status, though the application route differs; criminal courts handle stranger cases, while family courts manage domestic relationships.

Restraining order requirements: What you need before applying

Building a compelling case requires concrete evidence; courts won’t grant orders based on verbal claims alone. Gather these materials before submitting your application:

• Evidence gathering essentials: Create a detailed incident log recording every occurrence with specific dates, times, locations, what was said or done, and how it made you feel; this chronology demonstrates patterns of behaviour.
• Documentation needed: Text messages, emails, social media posts, voicemails, letters, delivery records, CCTV footage, medical records from injuries, and any previous court orders or police warnings issued against the perpetrator.
• Witness statements: Written accounts from anyone who witnessed the harassment, heard threats, or can confirm your fear and distress; neighbours, colleagues, friends, or family members strengthen your case significantly.
• Police reports and crime reference numbers: Report every incident to police promptly, obtaining crime reference numbers for each report; these demonstrate you’ve taken the situation seriously and provide independent verification.
• Photographic and digital evidence: Screenshots of threatening messages (showing dates and sender details), photos of injuries, damage to property, or the perpetrator near your home ensure metadata is preserved where possible.

How to file a restraining order: The complete application process

Securing protection involves multiple steps, and choosing the right route depends on your circumstances and whether criminal proceedings are underway:

• Reporting to the police: Contact police on 101 for non-emergencies or 999 if in immediate danger; provide all evidence, request a crime reference number, and ask about Domestic Violence Protection Orders if applicable.
• Can the police issue a restraining order?: Police cannot issue restraining orders themselves, but they can apply for Domestic Violence Protection Notices (DVPNs) offering immediate 48-hour protection, followed by court-issued DVPOs lasting up to 28 days.
• Understanding the criminal court route: If police charge the perpetrator, the court can impose a restraining order upon conviction or even acquittal; you don’t apply directly, but provide a victim impact statement requesting protection.
• Civil injunction alternative (non-molestation orders): For domestic abuse cases without criminal proceedings, apply directly to family court using Form FL401; this route gives you control but requires paying court fees unless exempt.
• Obtaining the correct forms: Download Form FL401 from gov.uk for domestic abuse cases, or consult a solicitor for Protection from Harassment Act injunctions using Form N16A for harassment cases without domestic connections.
• Completing application forms: Fill all sections detailing the respondent’s behaviour, dates of incidents, your relationship to them, and why you fear continued violence or harassment; attach your witness statement and supporting evidence with multiple copies.
• Writing your witness statement: Draft a chronological account of every relevant incident using first-person narrative, including specific dates, exact words spoken, your emotional response, and impact on daily life; avoid exaggeration but be thorough.
• Submitting to the court: File at your nearest family court (domestic cases) or county court (harassment injunctions) with applicable fees; request an ex parte hearing for emergency same-day or next-day orders without the respondent present.
• Court hearing preparation: Organise evidence chronologically, prepare to answer questions about incidents, bring witnesses if possible, and dress respectfully; judges decide based on balance of probabilities, not beyond reasonable doubt.

How much is a restraining order? Understanding the cost

Financial concerns shouldn’t prevent you from seeking protection; many routes involve minimal or zero costs:

• Criminal court applications (usually free): Restraining orders issued during criminal proceedings cost you nothing; the Crown Prosecution Service handles everything, though you cannot control timing or terms.
• Civil injunction fees: Non-molestation order applications have no court fee, making them accessible for domestic abuse victims; harassment injunctions under the Protection from Harassment Act involve fees that vary depending on application type, so check current rates on gov.uk.
• Court fee exemptions: You pay no fees if receiving benefits (Income Support, JSA, ESA, Universal Credit), earn under £1,420 monthly, or have savings below £3,000; complete Form EX160 to claim exemption.
• Legal aid eligibility: Free legal representation available for domestic abuse victims who pass means and merits tests; your solicitor assesses eligibility, covering all legal costs including court fees and representation.
• How much does it cost to remove a restraining order?: Modification or removal applications cost £123 when filed by mutual agreement or without advance warning, rising to £313 when the other party receives formal notice. Either side may apply, though judges seldom revoke genuine protective orders absent significant circumstantial changes.

FAQs

• What happens if the victim breaks a restraining order UK? Victims cannot be prosecuted for breaching their own protection orders, but initiating contact with the respondent may lead courts to discharge the order.
• What happens if I violate my own restraining order? You cannot violate an order protecting you, but contacting the prohibited person weakens your case significantly.
• How to find out if someone has a restraining order UK? Contact the court that issued the order, check your certified order document, or ask police to verify using your crime reference number; no public database exists for searching restraining orders.
• Can you get a restraining order without going to court? No, all restraining orders require court approval, though police can obtain emergency DVPOs on your behalf and many courts now offer remote video hearings instead of physical attendance.

Apply for restraining order protection when you’re facing harassment, threats, or domestic abuse; UK law provides accessible routes through criminal and civil courts. Gather evidence systematically, choose the appropriate application route, and don’t let fear or confusion delay your safety.

Your safety can’t wait!

Qredible’s network of specialist solicitors can secure your protection fast and handle every step of the process.

KEY TAKEAWAYS:

• Restraining orders protect against harassment, domestic abuse, and threatening behaviour through criminal courts (free) or civil injunctions (no fee for non-molestation orders), requiring solid evidence including incident logs and witness statements.
• Applications involve reporting to police first, then applying to family or county court using Form FL401 or N16A, with emergency hearings available for immediate protection and remote attendance options.
• Breaching orders carries up to five years imprisonment, while specialist solicitors dramatically improve success rates by handling complex procedures and providing effective courtroom advocacy.