Types of Restraining Orders: Which One is Right for Your Situation in the UK?

Restraining orders are essential legal tools designed to protect individuals from harassment, abuse, or threats. In the UK, courts can issue different types of restraining and protective orders, depending on the nature of the threat and the relationship between the parties involved. Understanding the differences between these orders is crucial in determining which one is best suited for your situation.

This article explores the main types of restraining orders available in the UK, their legal basis, and when they should be used.

1. Restraining Orders Under the Protection from Harassment Act 1997

A Restraining Order is a court order that prevents an individual from contacting another person, either directly or indirectly. These orders are typically issued following a conviction or acquittal for harassment or other criminal offences.

When Are Restraining Orders Used?

Following a criminal conviction or acquittal for harassment, stalking, domestic abuse, or assault.

When a victim requires long-term protection from an offender.

Key Features:

Can prohibit direct or indirect contact with the protected person.

May include restrictions on visiting certain places (e.g., the victims home or workplace).

Can be imposed even if the defendant is acquitted, as long as the court believes it is necessary for protection.

Breaching a restraining order is a criminal offence, punishable by fines or up to 5 years in prison.

Who Should Apply?

Victims of stalking, harassment, or domestic abuse where criminal proceedings have already taken place.

Individuals seeking court-backed protection following a criminal case.

2. Non-Molestation Orders (NMO) Under the Family Law Act 1996

A Non-Molestation Order is a civil court order that prevents a person from using or threatening violence, harassing, or intimidating another individual. Unlike restraining orders, NMOs do not require criminal proceedings.

When Are Non-Molestation Orders Used?

In cases of domestic abuse between family members, ex-partners, or cohabitants.

To prevent threats, harassment, intimidation, or actual violence.

Key Features:

Can be applied for by anyone in a domestic relationship (e.g., spouses, ex-partners, co-parents).

Can prohibit direct and indirect contact, including social media, phone calls, or messaging.

Can be granted on an emergency basis (without the other party being present).

Breaching an NMO is a criminal offence under the Domestic Violence, Crime and Victims Act 2004, punishable by up to 5 years in prison.

Who Should Apply?

Victims of domestic violence or abuse who need immediate legal protection.

Those seeking a restraining order without pursuing criminal prosecution.

3. Occupation Orders Under the Family Law Act 1996

An Occupation Order determines who can live in a property, particularly in cases involving domestic abuse. It can require an abuser to leave a shared home or prevent them from returning.

When Are Occupation Orders Used?

When domestic violence makes it unsafe for both parties to remain in the same home.

 During divorce or separation when both individuals have a legal right to occupy the property.

Key Features:

Can grant one party the right to stay in the home while excluding the other.

Can set conditions on how both parties use the property (e.g., restricting access to certain areas).

Can be issued on an emergency basis without the respondent being present.

Breaching an occupation order may result in criminal charges or civil penalties.

Who Should Apply?

Victims of domestic violence who need their abuser removed from the home.

Individuals going through separation or divorce and facing property disputes.

4. Domestic Violence Protection Notices (DVPN) and Domestic Violence Protection Orders (DVPO)

These are temporary emergency orders issued by the police and courts to protect domestic abuse victims immediately after an incident.

When Are DVPNs and DVPOs Used?

When the police respond to a domestic violence incident and believe immediate protection is necessary.

When there is insufficient evidence for a criminal charge, but the victim remains at risk.

Key Features:

 DVPNs are issued by the police and last up to 48 hours.

DVPOs are granted by a magistrates court and last up to 28 days.

The abuser can be removed from the home and banned from contacting the victim.

No criminal conviction is required to issue these orders.

Breaching a DVPO can result in arrest and further legal action.

Who Should Apply?

Victims needing urgent protection before applying for a longer-term order.

Police officers handling domestic violence cases with immediate safety concerns.

5. Injunctions Under the Protection from Harassment Act 1997

A Harassment Injunction is a civil order that prevents someone from harassing, stalking, or intimidating another person. It is different from a restraining order because it does not require a criminal offence to have taken place.

When Are Harassment Injunctions Used?

To protect someone from persistent harassment (e.g., by an ex-partner, neighbour, or colleague).

When there is no domestic relationship between the victim and the perpetrator.

Key Features:

Can prohibit contact and impose distance restrictions.

Can be issued against anyone, not just family or partners.

Breaching an injunction may result in fines, imprisonment, or civil penalties.

Who Should Apply?

Individuals experiencing stalking, workplace harassment, or neighbour disputes.

Those needing legal protection without pursuing criminal charges.

Choosing the Right Restraining Order

Order Type

Best For

Legal Consequences for Breach

Restraining Order

Victims of harassment, stalking, or abuse (after a criminal case)

Up to 5 years in prison

Non-Molestation Order

Domestic abuse victims needing protection without criminal proceedings

Up to 5 years in prison

Occupation Order

Removing an abuser from a shared home

Civil or criminal penalties

DVPO/DVPN

Immediate protection after a domestic violence incident

Arrest & legal action

Harassment Injunction

Protection from non-domestic harassment or stalking

Civil penalties or imprisonment

Choosing the right restraining order depends on the circumstances of your case, the relationship with the perpetrator, and the level of protection needed. Whether you are facing domestic abuse, stalking, harassment, or a property dispute, the UK legal system offers various protective measures to ensure your safety.

If you need help applying for a restraining order, seek legal advice or contact domestic abuse support services immediately. Legal aid may be available for those who cannot afford legal representation.

Would you like any modifications or additional details included?