Many people search for information about a legal protection order in the UK when they are looking for protection from harassment or domestic abuse. However, in England and Wales, the legal meaning of a restraining order is more specific than many realise.
Understanding what a protective order is and how it differs from other court orders can help clarify which legal route may apply in different circumstances.
Why do people search for “Restraining Order”?
The term “legal protection order” is widely used in online searches, media reporting and popular culture. It is often used as a general phrase meaning “a court order that stops someone contacting me.”
There are several reasons why this term is commonly searched:
- It is frequently used in American legal terminology.
- It appears regularly in television and film.
- More technical UK legal terms, such as “non-molestation order,” are less widely recognised.
In England and Wales, however, a restraining order has a specific legal definition. It refers to an order made by a criminal court, rather than a civil order that an individual can apply for directly. Protective orders follow different legal processes.
This distinction is important, as different protective orders follow different legal processes.
What Is a Restraining Order?
Restraining orders in England and Wales arise from the legal framework established by the Protection from Harassment Act 1997, which defines harassment and related offences.
The current sentencing and procedural provisions governing restraining orders are contained in Part 11 (Behaviour orders), Chapter 3 of the Sentencing Act 2020 (sections 359–364).
Under section 360 of the Sentencing Act 2020, a criminal court may make a legal protection order when dealing with an offender for an offence, where it considers the order necessary to protect a victim or another person named in the order, from conduct amounting to harassment or causing fear of violence.
It refers to an order made by a criminal court. It arises within criminal proceedings and may be imposed following conviction. In certain circumstances, it may also be imposed following acquittal where the court considers that protection remains necessary.
A restraining order may last for a specified period or continue until further order of the court. Breaching a restraining order is a criminal offence under section 363 of the Sentencing Act 2020 and may result in further prosecution and imprisonment.
When is a Restraining Order made?
A protective order does not begin with a personal application to the court.
Instead, it arises within the criminal justice process. In practical terms, this usually involves:
- An allegation being reported to the police
- A police investigation
- A decision by the Crown Prosecution Service (CPS) about whether to bring charges
- Criminal court proceedings
- A judicial decision at the end of the case about whether a restraining order is necessary for protection
Because of this, a restraining order depends on a criminal case having taken place. If there has been no prosecution, a criminal court cannot impose a legal protection order.
How is this different from a Non-Molestation Order?
Although a restraining order can offer similar practical protection to a non-molestation order, the legal route is different.
A non-molestation order is a civil order made by the Family Court under Part IV of the Family Law Act 1996.
Official government guidance on non-molestation and occupation orders is available on GOV.UK.
A non-molestation order can be applied for directly by an individual through the Family Court. It does not depend on a criminal prosecution. In some cases, it can be applied for urgently and without the other party being notified in advance.
By contrast, a restraining order can only be imposed within criminal proceedings. An individual cannot apply independently for a restraining order through the criminal courts.
Both orders are legally enforceable and breach of either can amount to a criminal offence. However, they arise from entirely different parts of the legal system – one criminal, one civil.
What if there has been no criminal charge?
If there has been no criminal prosecution, a legal protection order is not available.
In situations involving domestic abuse, other civil protective orders may instead be relevant. These can include:
- Non-Molestation Orders
- Occupation Orders
- Domestic Abuse Protection Orders (DAPOs), introduced under the Domestic Abuse Act 2021
DAPOs are designed to provide flexible and potentially longer-term protection in domestic abuse cases. They are currently being piloted in certain areas of England and Wales.
Each type of order operates within a different legal framework and may be appropriate depending on the circumstances of the case.
Key points to remember
It is important to understand the difference between a restraining order and other types of protective orders.
- A restraining order in England and Wales is a criminal court order that can be issued for protection.
- It is governed by Part 11, Chapter 3 of the Sentencing Act 2020.
- It may be imposed following conviction and, in certain circumstances, following acquittal.
- Individuals cannot apply directly for a restraining order.
- Civil protection orders, such as non-molestation orders, follow a separate legal process in the Family Court.
Understanding the difference between criminal and civil protective orders can help clarify which legal route may apply in a particular situation.
Need support?
If you are experiencing harassment or domestic abuse and are unsure which legal protections may apply to your situation, seeking specialist advice can help clarify your options.
Understanding which court order may be appropriate depends on the specific circumstances of your case.
If you would like to discuss your situation in confidence, you can contact our team for further guidance.
