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Stalking: Legal Framework and Practical Challenges
By Nicola Smith-DWF, and Rowena Winsiewska; 4-5 Gray’s Inn Square
Part 3 – The Three Paths to Protection: Understanding Stalking Protection Orders, Non-Molestation Orders and Restraining Orders.
When stalking is reported, several protective orders may be available to protect and safeguard a victim(s).
The correct route depends on the relationship between the parties, whether the police are involved, and whether any criminal proceedings have begun.
The three key orders practitioners encounter are Stalking Protection Orders (SPOs), Non-Molestation Orders (NMOs) and Restraining Orders (ROs).
Each order offers a different framework for safeguarding victims and requires its own evidence, threshold and process.
1. Stalking Protection Orders (SPOs)
Brief summary:
A civil order that may only be applied for by the police where stalking behaviour is suspected, including at an early stage before any charge. This order is used to impose both prohibitions (such as no contact, exclusion zones) and requirements (such as the surrender of devices). Breach of a SPO is a criminal offence attracting of imprisonment for up to 5 years.
What they are & when they are sought:
SPOs are designed for situations where someone has carried out acts associated with stalking and there is a risk of further stalking. They are particularly valuable where the evidential picture is developing but criminal proceedings are not yet appropriate or remain ongoing.
Evidence needed:
The police must evidence:
- Stalking-type behaviour (conduct which fits the “FOUR” criteria see: stalking 2)
- Risk to the victim, and
- Why the order is necessary to protect the victim.
Process:
The police apply to the magistrates’ court. Orders typically last for at least two years and may include conditions restricting contact, movement, or access to devices and accounts. Breach is a standalone criminal offence.
2. Non-Molestation Orders (NMOs)
Brief summary:
A family court order sought directly by the victim where there is a domestic or “associated” relationship (partners, ex-partners, family members, co-parents). Used to prevent harassment, intimidation, threats or contact. A NMO can be granted urgently without notice and a breach of a NMO is a criminal offence.
What they are & when they are sought:
NMOs are typically used when stalking or harassment occurs within a domestic abuse context, including controlling, coercive or threatening behaviour. They are appropriate where the victim needs immediate protective conditions without relying on police action or criminal proceedings.
Evidence needed:
Typical evidence includes:
- Messages, emails, call logs,
- Police incident logs or medical records,
- Witness accounts of intimidation or harassment.
Process:
Applications, which are made by the victim, are made via Form FL401 with a supporting statement. The court may grant an ex parte order (without notice) where risk of harm is high. Orders often run for 6–12 months, with extensions available. Breach is a criminal offence.
3. Restraining Orders (ROs)
Brief summary:
A criminal court order imposed during or after criminal proceedings involving stalking, harassment or violence — and may be imposed even after an acquittal if protection is still necessary. A RO prevents contact or approach and can last for a fixed period or indefinitely if the situation is considered sufficiently high risk.
What they are & when they are sought:
ROs are available where the behaviour forms part of a criminal investigation or prosecution, and the court considers ongoing protection necessary. They are frequently used after a conviction but can also follow an acquittal where risk remains. A victim cannot apply directly for a RO but can ask the police or Crown Prosecution Service (CPS) to apply for a RO from the court as part of the criminal case.
Evidence needed:
Evidence comes from the criminal case itself, including:
- Witness testimony,
- Police reports,
- Messages, threats, or pattern of behaviour evidence.
Process:
The criminal court imposes the order at sentence or following acquittal. Conditions typically restrict contact or movement. Durations can be time-limited or indefinite. Breach of a RO is a criminal offence.
Closing Summary
In stalking cases, choosing the correct protective order depends on where the case sits procedurally:
- Stalking Protection Orders (SPOs) – applied for by the police to protect victims of stalking, even before any charge. Can obtain strong conditions with long duration dependent on circumstances.
- Non-Molestation Orders (NMOs) – applied for by victims (often through the family court where there is a domestic relationship and ongoing proceedings). Can provide rapid and accessible protection where the relationship qualifies.
- Restraining Orders (ROs) – made by the criminal courts during or after criminal proceedings involving harassment, stalking or violence. Flexible duration dependent on the risk of harm involved.
Each order has a distinct evidential threshold and application route, and a clear understanding of the differences helps ensure victims receive the right protection at the right time.
Nicola Smith
Associate-Police, Care and Justice Team
DWF
https://www.linkedin.com/in/nicsmith-lawyer
Rowena Wisniewska-Sethi
Barrister
4-5 Gray’s Inn Square
https://www.linkedin.com/in/rowena-wisniewska-b1713271/
February 2026