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Police & Criminal

Received a Restraining Order Application?

A restraining order application means someone has asked a court to legally prohibit you from contacting them or going to certain places. This is serious — breaching a restraining order is a criminal offence. But you also have the right to be heard by the court before any final order is made.

Attend all court hearings
What This Means

In plain English

There are two main types. A restraining order (under the Protection from Harassment Act 1997) is made in criminal proceedings — often after conviction or even acquittal, if the court thinks it's necessary. A non-molestation order (under the Family Law Act 1996) is applied for in civil family proceedings and is specifically for people who are 'associated' (family members, partners, etc.). For non-molestation orders, the applicant can get an emergency 'without notice' order first — meaning you may not have been heard before the order is already in place. A full hearing where you can respond is then listed.

Action Plan

What to do right now

1

Attend all court hearings

If you've received court papers, attend every hearing. Courts can make final orders in your absence if you don't appear, and these may be more restrictive than if you'd been heard.

2

Get legal advice before the hearing

Restraining order proceedings can affect your liberty and your relationships. A family or criminal solicitor (depending on the type) can advise on your prospects of opposing the order.

3

Do not contact the applicant

Even before any order is made, contacting the applicant — even through third parties — can be presented as evidence supporting their application. Stop all contact immediately.

4

Gather evidence for your defence

If you believe the application is based on false or exaggerated claims, gather evidence: texts, emails, witnesses, call records. A proportionate, factual response helps your case.

5

Comply with any interim order immediately

Even if you disagree with an interim (temporary) order, breaching it is a criminal offence. Wait for the full hearing to challenge it through proper legal channels.

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Common Questions

Frequently asked questions

What happens if I breach a restraining order?

Breaching a restraining order is a criminal offence under the Protection from Harassment Act 1997, carrying up to 5 years in prison. Breaching a non-molestation order can also lead to imprisonment.

Can a restraining order be made without me being there?

Yes. In urgent cases, a 'without notice' non-molestation order can be granted based only on the applicant's evidence. You then have the right to attend a return hearing and oppose it.

How long does a restraining order last?

A non-molestation order typically lasts 6-12 months but can be extended. A criminal restraining order can be indefinite. Either party can apply to vary or discharge the order.

Can I challenge the order?

Yes. You have the right to attend the full hearing and present evidence that the order isn't necessary or proportionate. Legal representation significantly helps at this hearing.

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