There are several remedies available to victims of stalking and harassment, including non-molestation orders, stalking protection orders and restraining orders.

Non-molestation order (also known as an injunction)

A non-molestation order protects you from someone who has harassed, used or threatened to use violence against you or your children.

It prohibits a person (the respondent) from 'molesting' the person applying for the order (the applicant), or a related child.

Examples of 'molestation' are:

stalking
acts or threats of violence
use of abusive language
abusive messaging, eg text messages or Facebook messages
domestic abuse.

Non-molestation orders can be made 'without notice' (ex-parte, meaning without the other party's knowledge). After a without notice hearing where an application for a non-molestation order has been successful, it is not effective until it is served upon the respondent. If the respondent decides not to contest it then it remains effective for the time specified in the order. If the respondent does contest the order then a return hearing will be arranged, at which the respondent can put their side to the court.

The breach of a non-molestation order is a criminal offence with a possible prison sentence of up to five years. If the order is breached then an arrest may follow, and charges brought before a criminal court. This would be the responsibility of the Crown Prosecution Service (CPS).

There is no court fee for an application of a non-molestation order.

More information, and links to application forms for non-molestation orders, can be found in the useful resources section of this guide.

Stalking Protection Order

This can only be applied for by the police, and prohibits the person named in the order (the defendant) from carrying out acts associated with stalking to another person.

A stalking protection order can apply to any case of stalking, but it is designed specifically for occasions where stalking occurs outside of a domestic abuse context.

It will allow courts to not only ban perpetrators from going to certain locations or contacting victims, but also force them to seek help, such as attending a mental health assessment.

It does not matter if the acts associated with stalking have happened in the UK or abroad. It can be for a fixed period of at least two years or until a further order is made. It is a criminal offence to breach a stalking protection order, which can result in up to five years in prison.

Restraining Order

If you are a victim of stalking, harassment or family violence, then a restraining order could be a way to protect yourself from further harm. These orders are court orders issued by a judge at the end of criminal proceedings to prevent the defendant from contacting or approaching the victim of the crime. A criminal prosecution is necessary in order to obtain a restraining order.

To get one, you first have to report the offender to the police, and press for criminal charges to be made. It is the police and Crown Prosecution Service (CPS) who will determine whether there is enough evidence to prosecute the offender and seek a restraining order at sentencing. The CPS can request a restraining order even if the offender is found not guilty of a criminal offence. However, the defendant has the right to challenge the application, and must be told of the contents of the restraining order and what it demands of them.

It's up to the judge to determine how long a restraining order should last. Some judges will grant the order for a specific period, such as one year. Others will allow it to run indefinitely until a court decides to end it. Violating or breaching a restraining order is a criminal offence. The offender can be fined or face up to five years in prison.

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