Restraining orders UK (2026): how they are issued, enforced and breached

When faced with harassment, stalking, domestic abuse, or threats of violence, a restraining order can offer much-needed protection. These legally binding court directives prohibit the offender from engaging in specific behaviours that endanger the victim’s safety and wellbeing. If you find yourself in need of protection through a restraining order, consulting a lawyer can ensure your rights are fully upheld and the legal process is navigated properly.

Read on to gain a comprehensive understanding of restraining orders, including how to obtain one, the types available, consequences for violations, and the importance of seeking legal counsel.

What is a restraining order?

A restraining order is a court-issued directive aimed at protecting individuals from harassment, abuse, stalking, or any form of threatening behaviour. It is typically granted at the conclusion of criminal proceedings related to domestic violence, stalking, harassment, or sexual assault cases. The restraining order prohibits the defendant from engaging in specific acts that could cause harm, distress, or intrusion upon the victim’s life, such as:

• • Possessing weapons or objects that might hurt the victim.
  • Approaching or contacting the victim, whether directly or indirectly.
  • Exhibiting threatening, abusive, or frightening behaviour towards the victim.
  • Coming within a specific distance from the victim’s home, office, or other designated sites.

The Domestic Abuse Act 2021 framework

The Domestic Abuse Act 2021 transformed how courts, prosecutors and police respond to harassment, stalking and abuse. Key provisions relevant to restraining orders include:

• • • Section 1 statutory definition of domestic abuse: For the first time, “domestic abuse” is defined in statute and expressly covers physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological, emotional or other abuse.
    • Domestic Abuse Protection Notices (DAPNs) and Orders (DAPOs): A new civil order regime, piloted from 27 November 2024 in selected police force areas before national rollout, designed to provide flexible long-term protection.
    • Recognition of children as victims: Children who see, hear or experience the effects of abuse are now recognised as victims in their own right.
    • Coercive and controlling behaviour: Section 76 of the Serious Crime Act 2015 (as expanded by the 2021 Act) covers post-separation abuse, meaning ex-partners no longer need to live together for the offence to apply.

Restraining orders made under section 5 of the Protection from Harassment Act 1997 continue to operate alongside this framework and remain the most commonly used post-conviction order.

Categories of protective orders in the UK

The “Temporary Restraining Order” terminology used in the United States does not apply in England and Wales. Instead, the UK legal system offers several distinct protective orders, depending on whether protection is sought through the criminal courts, the civil courts, or the family courts:

1. Restraining order (s5 Protection from Harassment Act 1997): Made by a criminal court following conviction, or under section 5A on acquittal, to protect a victim from harassment, stalking or abuse. Can be made for a fixed period or “until further order”.
2. Non-molestation order (Family Law Act 1996): A family court order, often used in domestic abuse cases, which prohibits the respondent from molesting, threatening or harassing the applicant or relevant children.
3. Occupation order (Family Law Act 1996): A family court order regulating who can live in or enter the family home.
4. Stalking Protection Order (SPO): A civil order introduced by the Stalking Protection Act 2019, applied for by the police where there is reasonable cause to believe a person poses a stalking risk. SPOs can include both prohibitions and positive requirements such as attending a perpetrator programme. Breach is a criminal offence punishable by up to five years’ imprisonment.
5. Domestic Abuse Protection Order (DAPO): A new civil order under the Domestic Abuse Act 2021, currently being piloted with a view to replacing several existing orders. DAPOs can include both prohibitions and positive requirements.

How to apply for a restraining order?

In the United Kingdom, restraining orders can only be issued in conjunction with criminal proceedings. The process of how to get a restraining order typically involves the following steps:

1. Reporting the offender to the police for the committed crime(s).
2. The case proceeds to court, where the victim or prosecutor can request a restraining order.
3. The judge evaluates the circumstances and determines if a restraining order is necessary to protect the victim from further harm or harassment.

Notably, a restraining order can be granted even if the defendant is acquitted of the criminal charges, as long as the court deems it essential for the victim’s protection.

Duration and extension of UK restraining orders

The duration of a restraining order varies depending on the specific circumstances of the case. Some orders may be granted for a fixed period, while others may remain in effect indefinitely, subject to further court notice. Typically, permanent restraining orders can last for an extended period, ranging from 6 to 12 months, but can be extended upon request.

If a restraining order has a time limit, the protected party can apply for an extension before the expiration date. The court will consider the ongoing risk and the need for continued protection when deciding whether to renew the order.

Penalties for violating a restraining order

Breaching the terms of a restraining order constitutes a criminal offence in the United Kingdom under section 5(5) of the Protection from Harassment Act 1997. Any breach without reasonable excuse, whether intentional or reckless, can result in severe legal consequences. The Sentencing Council guidelines (in force since October 2018 and applied throughout 2026) provide for:

• Maximum sentence: Up to five years’ imprisonment on indictment, or six months in the magistrates’ court (rising to 12 months once section 154 of the Criminal Justice Act 2003 is commenced).
• Community orders: Including unpaid work, rehabilitation activity requirements, and curfews.
• Fines: Where the breach is at the lower end of the harm and culpability scales.
• Ancillary orders: Including variation of the restraining order, restraining order extensions, or imposition of further protective measures.
• Stalking Protection Order breach: Up to five years’ imprisonment under the Stalking Protection Act 2019.

The Sentencing Council guideline on breach of a protective order emphasises culpability (was the breach planned and persistent?) and the level of harm caused. Crucially, only the respondent is bound by the order: the protected person cannot be prosecuted for breaching a restraining order made for their benefit, although encouraging breach may have other legal consequences.

Why consult a solicitor for restraining order matters?

While the procedure for obtaining a restraining order in the UK may appear simple, real-life scenarios can involve intricacies that necessitate legal knowledge. Seeking advice from a counsel specialized in family or criminal law can be essential while negotiating the complexities of restraining orders, particularly in the following areas:

1. Providing knowledgeable guidance throughout the application process, ensuring your rights are fully protected.
2. Representing your interests in court proceedings, increasing the likelihood of a favourable outcome for your restraining order request.
3. Advising you on the appropriate steps to take if the restraining order is breached or if you wish to have it modified or discharged.
4. Skilfully negotiating fair terms and conditions tailored to your specific circumstances and needs.

A solicitor’s expertise can provide reassurance and ensure you receive the deserved legal protection while adhering to the established framework.

Qredible can connect you with experienced solicitors specializing in family law and restraining order matters, simplifying the process of finding the right legal counsel for your situation.

In the UK, restraining orders play a critical role in safeguarding individuals from harassment, abuse, and potential violence. Understanding the processes involved, the types of orders available, and the consequences of breaching an order is essential for those seeking legal protection. While the judicial system provides guidelines for obtaining restraining orders, the complexities often necessitate the expertise of a solicitor to uphold your rights and prioritize your safety effectively.

Key points on restraining orders in the UK

• A restraining order is a court directive that protects individuals from harassment, abuse, stalking, or threatening behaviour by restricting the actions of the offender.
• The UK legal system offers two main types of restraining orders: Temporary Restraining Orders (valid for 5 days to 2 weeks) and Permanent Restraining Orders (long-term or indefinite protection).
• Even if the defendant is acquitted, a restraining order can still be granted for the victim’s protection.
• Violating a restraining order is a criminal offense, with penalties including fines, loss of rights, imprisonment, probation, or community service.
• Consulting a solicitor specializing in family or criminal law is advisable to navigate the complexities, ensure rights are protected, and negotiate fair terms.