In this article
A restraining order gives people their fundamental human right: to feel safe, secure and free from any form of abuse. Unfortunately, abuse has become all too familiar with 24,000 people making Google searches relating to restraining orders each month in the UK.
If you are one of these monthly searchers, our solicitors are here to help you understand exactly what a restraining order is, and how you obtain one. For more information, please visit our criminal defence page. Furthermore, if you want to contact a solicitor today, please call us directly on 020 3007 5500.
IMPORTANTLY...
A solicitor cannot help with putting a restraining order in place but they can help lift an existing order. Alternatively, a solicitor can help with an injunction or non-molestation order, which are similar.
What is a restraining order?
In the UK a restraining order is a court order that can only be issued in combination with criminal proceedings. Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes.
It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.
The order prohibits your abuser from being able to do certain things, for example contacting you or attending your place of work or home address.
It’s important to note that lots of people confuse restraining orders with non-molestation orders or protective injunctions. You can’t apply for a restraining order if you simply want someone to stay away from you, for example, unless they are convicted of a crime against you. While it’s true these other types of order do prevent harassment and are no less valid, they have to be applied for in different ways to a true restraining order.
When might a restraining order be granted?
The aim of restraining orders is always to prevent harassment, and they will only ever be issued in a preventative capacity. Some common examples of when a restraining order is applicable may include:
- there is evidence that the defendant has targeted the victim in some way (for example, criminal damage).
- cases where the defendant and victim know each other or have been in a previous intimate relationship (such as domestic violence cases).
- both parties have ongoing contact (for example, where the victim and defendant run a local business).
In all these cases, the victim must demonstrate that a crime has been committed against them before a restraining order can be issued.
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When would a restraining order not be suitable?
If no crime has taken place, the criminal courts won’t be involved, and therefore a restraining order can’t be granted.
There are other orders that exist for different situations. For example, if you are going through a particularly bad divorce and fear an attack from your ex-partner, you would need to apply for a non-molestation order. These are similar to restraining orders, but they can only be applied for through the civil courts.
Protective injunctions or protection orders can stop stalkers or other unwanted attention, but they need to be strongly substantiated for a court to consider them.
What are the grounds for getting a restraining order?
The standard test for the order can be sought is whether or not there is evidence of harassment or risk of violence (or further violence) against a victim. You can get a restraining order against someone if the person has:
- Abused (or threatened to abuse you)
- Sexually assaulted you
- Stalked you
- Seriously harassed you
- Made you feel scared or annoyed
It doesn’t matter whether the abuser is a close family member or a complete stranger, a restraining order can still be used to protect the victim.
How to get a restraining order?
As highlighted earlier, a restraining order is only issued in combination with criminal proceedings. However, you won’t be able to make the application yourself. In the criminal court, the judge decides to make a restraining order.
Furthermore, a judge may still issue the order if the defendant is found not guilty in the criminal proceedings. The courts will only make a restraining order after acquitting a defendant of any offence if the court considers it necessary to protect a person from harassment from the defendant.
The order’s purpose is to be both a preventative and protective measure. Therefore, a judge will grant the order if there’s a reasonable belief that a victim needs specific security.
Remember...
If the defendant was acquitted, and the courts didn’t issue the order, don’t worry. If you’re still living in fear, you can apply for an injunction in the civil courts, e.g. the county court.
Do you need legal advice from a solicitor?
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How long does it take to get the order?
On average, it takes between one to two weeks to acquire the order. However, in severe cases, where the order’s applicant is at immediate risk of significant harm, the order can be approved on the same day.
If the court’s issue a restraining order on the same day it’s called an ‘injunction without notice’. In this instance, you will need to go back to court at a later date for a hearing once the abuser has been given notice of the order.
Categories that are considered of significant harm include:
- Physical abuse
- Sexual abuse
- Emotional abuse
- Neglect
How long does the order last?
A restraining order can be both temporary or permanent.
If the order is temporary, it’s a short term order. A temporary order aims to protect an individual until there is a subsequent or final hearing. Typically these orders last from five days to two weeks but may last longer depending on the next hearings’ date.
A permanent restraining order is much longer-term, usually 6-12 months, and sometimes can last indefinitely. This type of order is generally made at trial.
Remember...
A court can extend an order. You can do this via an application for an extension hearing. The hearing can take place up to 1 year after your first restraining order.
What happens if you breach a restraining order?
If the abuser violates any of the terms of the restraining order, the victim should call the police. Once the police have been alerted for violations of the order, they will sign a criminal complaint meaning the abuser is in contempt of court.
The breach of any court order, including a restraining order, is classed as a criminal offence. Any infringement of an order is a serious matter and will result in serve legal consequences.
The sanctions imposed by the courts for breaching a court order can include:
- Financial fines
- The loss of individual rights (for example, child visitation rights)
- Custodial sentencing
- A probation period or extended probation period
- Community service
If there has been a breach of an order, the victim will need to provide proof in court. The judge will then evaluate the evidence and conclude whether defiance occurred or not and whether the defendant will face any sanctions.
How do I remove a restraining order?
As the courts put restraining orders in place, you will also need to use the court process to remove them.
If you intend to lift or drop a restraining order before the time limit expires, then a motion will need to be filed with the court. A motion is a process of removing a law.
Any motion to remove a restraining order must include:
- The names of both parties
- The date the courts issued the order
- Reasons for wanting to end the order
In the court hearing, the judge will decide whether to grant or deny the application to remove the restraining order. Some factors that impact whether the judge grants the application are whether you were forced or coerced to apply for the removal of the order. Even if you can prove you solely decided to make this application, the judge may still not agree to remove the order if they believe it is in your best interests.
Why contact our criminal defence solicitors?
Criminal proceedings are a complicated procedure at a very stressful time. If you need a solicitor to defend a criminal accusation against you or need a solicitor to help you apply for an injunction or non-molestation in a civil court, we can help. For all cases regarding restraining orders, we require an initial consultation. This will include:
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
For more information, please visit our criminal defence page. Furthermore, if you want to contact a solicitor today, please call us directly on 020 3007 5500.
Hi how do I remove a restraining order
Via the Court, and precisely how depends on why it was issued in the first place.
In what follows, I assume you are the person who is the subject of the R.O., and NOT the person it is seeking to protect.
But why would you want to, unless it involves access to an area or property? The very act of saying No, I want to contact this person even though they have applied to the Court and Police for protection from you, is suspicious.
Need to remove it from dbs so need restrictiom remove otherwise it is never spent
Even then, its may still show on dbs
why do u have one
if someone has a restrainging order agisnt they cant go near the perosn who put it on them but can the perosn who put t on them go near the perosn they put a restrainign order on
Yes.
In your comment you say ” You must contact the police ” I did when I was assaulted one day a male neighbour then two days by his son. South Yorkshire Police did nothing infact they arrested me and placed me in a cell for 6 Hrs because when the son hit me I hit him back. The Police are totally Inept and negligent at best. The police are very good at protecting the criminals it saves them paper work
Can I be arrested for breach if victim is a Spanish citizen now? And living in another country?
I discovered A Restraint Order I thought was Spent is still active on Basic Criminal Records check. My Lawyers nor the Courts fully explained the implications. It is indefinite Order and is restricting employment and volunteer opportunities. I want my life back. I have moved on, made changes in my life and have no interest in having anything to do with the victim, who moved to a tax heaven over 7 years ago.
My daughter wants to get a restraining order on her sons auntie, she has been writing things on social media that are lies and could jepodise my daughters career as a nurse, she hasn’t mentioned her by name but everyone knows who she is talking about
Can a third party report a breach of restraining order
Yes
Can someone with a restraining order be arrested if another person (say a relative or friend) tries to contact the person they have a restraining order against? As in a friend trying to contact and have a discussion with the person on behalf of the person that was given the restraining order.
Depending on the order, yes.
Some orders state no contact allowed, which includes via 3rd party
What can I do if the person who has an R.O. against me continues to ring my number, along with making allegations to the police that I am trying to contact her?
She randomly phones my mobile with her caller Ident hidden. This is happening several times a week. I have deleted her number etc.. I could end up in jail because of this.
Researching for a fictional book. If a woman has a restraining order put against her from another non-relative and doesn’t break it, can she use custody of her child?
hi, if someone were to try to get a restraining order against me for “stalking” when I haven’t contacted them, and each time we’ve spoke they’ve contacted me first would it be taken seriously, and would they be granted it? Additionally would I have to put on job applications that I have a restraining order against me in the criminal offences section?
My neighbour was convicted of common assault against me, this was 2018, Me and my family have continued to be verbally abused by this person since the conviction, I have reported the incidents to the police, can I get a restraining order ? or do need to take them to court again, I can see this escalating again unless the police step in rather than ‘adding to the file’
Hello Mario
Do you have any evidence of this neighbour shouting abuse at you. Any video or voice recordings. If you have then I would suggest you take it to the police and show them it. If they don’t listen then take it higher. If you don’t have any evidence then I fear you may not have a leg to stand on. Have you considered moving.
What happens If someone has a restraining order on someone but then proceeds to still be with the person all the time will the accused still go to jail if the accuser was willingly with them and didn’t remove the orde
I want a restraining order removed
I would I a restraining order removed. I am 74 and my husband is 75. I do believe the restraining order is extreme in our circumstances. What is the best vehicle to get help. Please contact me asap. Thank you Jeri Hover RWC
650.369.9010
Hi Jeri, thanks for your comment. Please note that as we are a British law firm, we wouldn’t be able to advise on restraining orders put in place in other jurisdictions.
If the restraining order was made in England or Wales, you’re welcome to get in touch with us by calling 020 3007 5500 and we can arrange an initial consultation for you.
Thank you for your comment, Anna. Normally, you will need to wait for the restraining order to be lifted upon its termination.
However, if you think the restraining order has been put in place for the wrong reasons, or that the circumstances under which it was ordered have changed, you may be able to ask that it is discharged or varied.
Please note that it may not be cost-effective to do this, nor is it possible to guarantee a result when making these requests.
If you would like to go ahead with this, please call us on 020 3007 5500 to arrange an initial consultation.
Can family court order for a restraining order to be amended even if the protected person (me) doesn’t agree ?
Would a restraining order turn up in the post? How can you check a restraining order is genuine?
If someone has put a restraining order on you but you have not been served yet can you put one on them before yours is served
how do I take it the restraining order against the mother who has continually and significantly attempted to psychologically destroy me my entire life by means of emotional abuse andintentional property destruction ? what proof would I need to provide ? could someone please assist me with this ?
I am on a restraining order and the person named on it is coming to property to hassle but police said she can do it I am now suicidal and cutting myself but the police are wanting me dead
I have a restraining order on my bf and it’s going to court. An off duty policeman saw us in my car. What does that mean?
Can I attend my daughters school at the same time as my wife who has a restraining order against mr
That’s a really good question, Kevin. Without looking at your restraining order, we wouldn’t be able to say, however it will contain terms in the order that set out what you can and can’t do, where you can and can’t visit, and who you can or can’t contact or visit.
If you need any help with this, you’re welcome to arrange a consultation with one of our criminal defence solicitors by calling 020 3007 5500.
My daughter has an ex friend who is saying things regarding how much he loves her and will kill her present partner. This is every time he goes in there local pub. Customers as well as my daughter is horrified of his behaviour.. He drives around trying to find her. What can she do. She is a front line worker who is no longer enjoying her work due to fear of him turning up.
Thank you for your question, Bondi. This would be a matter for the police to investigate and we would encourage your daughter to report this with urgency. If your daughter is concerned, she may be eligible to apply for a non-molestation order or an injunction, and her current partner may be able to apply for an injunction.
A serious threat to kill is a crime that the police need to be alerted to.
Should your daughter require any further advice or assistance, she is welcome to call us on 0203 007 5500 to arrange an appointment.
When a restraining order is issued by a magistrate on conviction of criminal charges and the offender continues to break that order. Having reported the incidents to police and given cctv to prove. So far no action is taken and so it continues.
When the police are involved and investigating, we would always encourage you to pursue communications with them directly. Breaking the terms of a restraining order is a criminal offence and will be treated as such by the police.
Does it Cost to get a restraining order/ non- molestation order in Ireland /
Thank you very much for your question, Grace. Unfortunately Irish law differs to the laws of England and Wales, and being based in England, we would be unable to advise. I would suggest you reach out to a local law firm in Ireland to take advice on your circumstances.
How long does an indefinite restraning order last
Dear Barbra,
An indefinite restraining order will last until such a time that it is revoked or removed. You can challenge an indefinite restraining order if you have good grounds to do so as the person having the restrictions placed upon them, however restraining orders can be difficult to vary or remove.
I’m working with a lady who has a restraining order against her ex. He’s breached it, but lady is scared of repercussions of reporting to police (even how she reports to police, is it 999 or online?)I have seen the the messages, can I report this, do I have an obligation to do so? Sorry to be slightly cryptic.
Hi Will. If the order is a restraining order, or if it’s a non-molestation order, breaching the order is a criminal offence. If you are aware of the breach then you can report it, however there is no obligation for you to do so, and you should consult your colleague first as she may have good cause to think there may be repercussions.
It’s always difficult to say what the correct thing to do would be in these situations, however if your colleague is concerned, she should discuss this with the police and see what their proposed course of action would be.
From a restraining Order its now a Subsequent order whats thats mean and length Please. Sussex police not telling. Need answers please
Can I get a restraining order on a neighbour who is harrassing my partner myself and my children, they live in an apartment that we have to pass when We leave our apartment to get out of the building. The neighbour comes running out everytime they hear us or see us and gives us abuse, I have evidence of this on several occasions and have reported it to the police who have done nothing.
I am in the US and a US citizen. I need to get a restraining order against someone who lives in the UK and is a UK citizen. How do I go about doing this?