Received Notice of a Restraining Order — Your Rights and Options

Getting a legal document through your door — especially one with words like "restraining order" on it — can make your stomach drop. You may be feeling confused, frightened, or angry. That reaction is completely understandable. Before you do anything else, take a breath: receiving this notice does not automatically mean you have done something wrong, and you do have rights. This post explains what the document means, what happens next, and what you can do about it.

What does this actually mean?

A restraining order is a court order that places legal restrictions on your behaviour — usually prohibiting you from contacting a specific person or going near certain places. In England and Wales, restraining orders are most commonly issued under the Protection from Harassment Act 1997. Courts can make them either after a criminal conviction or, importantly, even after an acquittal — meaning you can receive one even if you were found not guilty of the underlying charge.

The notification you have received will typically be one of two things:

• A copy of an order already made against you — the court has already granted the order and it is now in force. You are legally bound by it from the moment it is served on you.
• Notice of a hearing — the court has not yet made a final decision, and you are being informed that a hearing is scheduled where the order may be granted.

Read the paperwork carefully to identify which situation you are in. Look for a hearing date, the name of the court, and the specific conditions being proposed or already imposed. Breaching a restraining order — even accidentally — is a criminal offence that can result in up to five years in prison, so understanding exactly what it says is essential.

Do you need to act immediately?

The short answer is: yes, fairly quickly — but do not panic.

• If an order is already in force: You must comply with it right now, even if you believe it is unfair or based on incorrect information. Ignoring it while you challenge it is not an option. You can apply to the court to vary (change) or discharge (cancel) the order, but until that happens, the restrictions stand.
• If you have received notice of an upcoming hearing: You have the right to attend and oppose the order. Check the date carefully — hearings in the magistrates' court or Crown Court can be scheduled with as little as a few days' notice, though in practice you will usually have at least one to two weeks. Missing the hearing almost always results in the order being granted in your absence.
• If the order was made without you being told in advance — known as an ex parte order (pronounced "ex par-tay," meaning the other side applied without notifying you first) — you can apply to the court to have it reviewed at a hearing where you can put your case forward.

Your next steps

1. Read the full order or notice carefully. Note the court name, case number, any hearing date, and every condition listed.
2. Do not breach the order. Even if a condition seems unreasonable, comply until it is legally changed. Do not contact the protected person, even to explain yourself.
3. Gather your evidence. Start collecting anything relevant — messages, emails, witness details, diary entries — that supports your position. Do this now, while things are fresh.
4. Check whether you qualify for legal aid. Restraining order proceedings can qualify for public funding. Visit gov.uk or speak to a solicitor to check your eligibility based on your income and circumstances.
5. Contact the court to confirm the hearing details if anything in the paperwork is unclear. Court staff cannot give legal advice, but they can confirm administrative details.
6. Seek legal advice as soon as possible — ideally within 24 to 48 hours if a hearing is imminent.

When should you speak to a solicitor?

You should speak to a solicitor as soon as you can, and certainly before any hearing date. A solicitor experienced in harassment or criminal defence matters can help you understand whether the order was granted correctly, whether the conditions are proportionate, and how to make a formal application to vary or discharge it. This is especially important if:

• The conditions affect your ability to see your children or access your home
• You believe the application was based on false or exaggerated allegations
• You have already been charged with, or are worried about being accused of, breaching the order
• You were not notified before the order was made

If you are not sure where to start, CaseBridger is a free tool that gives you instant AI-powered guidance on your specific situation and can help you find a qualified solicitor in your area — so you can move from confusion to clarity without delay.