What is a Restraining Order and Can I Get One?

In England and Wales, a restraining order serves as a crucial legal mechanism for protecting individuals from harassment, threats, and violence. This blog post will explain what a restraining order is, the types available, and how you can apply for one if you find yourself in a situation requiring legal protection.

What is a Restraining Order?

A restraining order is a court-issued command that prevents a person (known as the respondent) from engaging in specific behaviours that could harm or intimidate another person (the applicant). Typically, these orders are put in place in cases involving harassment, domestic violence or stalking.

There are different types of restraining orders:

1. Criminal Restraining Orders: 

These can be issued as part of a criminal case, usually when the perpetrator is convicted of an offence that involved the victim. 

2. Civil Restraining Orders: 

These can be sought by the individual through civil court proceedings when they believe they are at risk of harm or harassment. Civil orders can be pursued independently of any criminal convictions.

Who Can Get a Restraining Order?

Any individual who feels threatened, harassed or afraid of violence can apply for a restraining order. You can seek one if you are:

– A victim of domestic abuse

– Being stalked or harassed by someone

– A witness to or affected by violent behavior from an individual

How Can I Get a Restraining Order?

1. Document Evidence: 

Before applying, gather any evidence that supports your case. This can include text messages, emails, photos or witness statements documenting the harassment or threat.

2. Seek Legal Guidance: 

It’s crucial to consult with a solicitor who specialises in family law or domestic violence cases. They can help navigate the application process and ensure your case is presented effectively.

3. Complete the Application: 

You will need to fill out the appropriate forms to apply for a restraining order. These forms are typically available from your local family court or online or your lawyer will have them to hand and will be able to assist you in completing them.

4. Submit Your Application: 

Once you’ve completed the forms, submit them to the court. Be aware that there may be a fee involved, although fee waivers could be available for people on low income.

5. Court Hearing: 

The court will schedule a hearing, where you will present your case. Prepare to provide evidence and possibly call witnesses. The respondent will usually have the chance to present their side as well.

6. Await the Court’s Decision: 

After evaluating the evidence, the court will decide whether to grant the restraining order. If approved, the order will outline the specific restrictions placed on the respondent and how long the order will remain in effect.

7. Enforcement: 

If the respondent violates the restraining order, you should notify the police immediately. Breaching an order can result in legal penalties for the respondent.

Conclusion

A restraining order can provide essential protection for individuals facing threats or harassment in England and Wales. If you’re considering pursuing a restraining order, it’s vital to understand the process and your rights. Seeking legal advice can help you navigate this difficult situation and ensure that you take the appropriate legal steps to protect yourself.

If you or someone you know finds themselves in need of a restraining order, don’t hesitate to seek help out assistance. We can guide you through the process. Please note though that we do not deal with Legal Aid.

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 23rd March 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading family lawyers. His profile on the independent Review Solicitor website can be found Here