How to Obtain a Restraining Order
If you feel unsafe and need to be protected from someone convicted of a crime against you, a restraining order may be the solution. In this article, we will explain the purpose of a restraining order, and how to obtain a restraining order in the UK.
If you are at immediate risk of harm from your partner, a family member, or anyone else, please call 999 immediately. Support is also available nationally from the National Domestic Abuse Helpline (a service run by the Charity Refuge) on freephone 0808 2000 (lines are always open).
What is a restraining order?
A restraining order in the UK is an official document by a court that protects a person from being harmed by a defendant who has been convicted of a crime. Restraining orders are intended to prevent the potential for further harm being caused to a person who has been the victim of a crime.
It is important to draw the distinction between restraining orders and non-molestation orders; they both serve different purposes. Restraining orders are only issued following criminal convictions, whereas non-molestation orders (which also prevent a person from being harmed or harassed) do not require a conviction.
A restraining order is similar to an ex parte injunction, as it can be put forward without the other party’s presence or input, much like freezing orders, occupation orders, and non-molestation orders.
What is the purpose of a restraining order?
A restraining order stops a person who has committed a crime against you from contacting you, whether physically in person or by any other means (e.g. telephone, email). The courts will only issue a restraining order if it is needed to ensure your safety.
Restraining orders are typically issued by the court at the end of criminal proceedings involving domestic abuse, post-separation abuse, harassment, sexual assault and stalking. The idea is that by issuing a restraining order, the defendant cannot cause further distress and potential harm to the victim.
If issued, a restraining order can be used to stop a defendant from coming to your property or premises or coming close to you.
Can I get a restraining order?
You may be able to get a restraining order against a family member, friend, or anyone else who has been convicted of harming you in the past. This may be, for example, if they have threatened to harm you, sexually assaulted you, harassed you, or stalked you.
There must be evidence to suggest that you are at risk of harm from that person. It is important to remember that harm can be emotional and/or physical. In addition, you do not have to wait until you have been harmed. What matters is that you are at risk of harm in the future if a restraining order is not put in place.
In order to get a restraining order under the Sentencing Act 2020 (SA 2020), the following criteria must be met:
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You must be the victim of an offence for which the person you want the restraining order against was convicted and/or acquitted, and
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You must need protection from conduct amounting to harassment or behaviour that will cause a fear of violence. To help establish this, the police will be asked to provide relevant information to decide whether to invite the court to make a restraining order.
The law allows for a restraining order to be issued against a defendant who is found not guilty of the crime they are accused of (i.e. acquitted).
How to Obtain a Restraining Order
You cannot apply for a restraining order yourself; this is normally undertaken by a prosecutor as part of criminal proceedings. If the person has not been convicted of harming you in the past, you will need to report them to the police. If this is not possible, you can consider applying for a non-molestation order or injunction through the civil courts. A family law solicitor can advise you on the correct type of order to apply for and guide you through the process to ensure your safety.
When will the court issue a restraining order?
When deciding whether to issue a restraining order, the court handling the matter will apply four key principles based on the case of R v Khellaf [2016] EWCA Crim 1297, as follows:
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The court must take into account the perspectives of the person seeking protection.
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No order should be issued unless the judge determines that it is essential for the victim's protection.
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The conditions of the order should be proportionate to the level of harm it aims to prevent.
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Special attention should be given when children are involved, ensuring the order does not prevent appropriate contact between a parent and child.
The courts will only issue a restraining order against a 'known person'; this may be someone you are, or have been, in an intimate relationship with, a close member of your family, or someone you have lived with in the past. If you don't know the person who is harassing or threatening, you may need to consider other legal routes to seek protection.
Final words
Going through the process of securing a court order to ensure your safety and that of your children can be worrying and stressful. This is why it is so important to seek professional help as early as possible from a family law solicitor who can support and guide you through the process. By taking prompt action, you can ensure that your physical safety and mental well-being and that of your children are protected.
Guillaumes LLP Solicitors is a full-service law firm based in Weybridge, Surrey. Our highly experienced family law team can assist you with all relationship matters. To make an appointment, please call us on 01932 840 111 or fill out the contact form.