How to Get a Restraining Order in the UK

The Protection from Harassment Act 1997 allows individuals to obtain a restraining order in the UK. This process is available to anyone who has been a victim of harassment or stalking.

The application must be made within 6 months of the alleged incident.

Restraining Order Law and Standard

The Protection from Harassment Act 1997, Section 3, governs the process of obtaining a restraining order, which is based on the legal standard of reasonable fear of violence or harassment. The court will consider the applicant’s testimony and any supporting evidence, such as witness statements or medical records, when determining whether to grant the order.

In plain terms, the court must be satisfied that the respondent’s behavior was indeed harassing or that it caused the applicant to fear violence, as per the legal standard set out in Section 4 of the Act, which requires a course of conduct to have occurred on at least two occasions.

Eligibility and Requirements

To be eligible for a restraining order, the applicant must have been a victim of harassment or stalking, as defined in Section 1 of the Protection from Harassment Act 1997, which requires a course of conduct that amounts to harassment. The applicant must also have reported the incident to the police and obtained a crime reference number within 30 days of the alleged incident.

The applicant must have been resident in the UK for at least 6 months prior to making the application, as per the residency requirements outlined in Section 5 of the Act, which also requires the applicant to have a genuine fear of violence or harassment.

Required Documents

The applicant must provide supporting documents, such as a statement of the alleged incident, witness statements, and medical records, as outlined in the Civil Procedure Rules 1998, Part 65, which governs the procedure for making an application for a restraining order. The applicant must also provide proof of identity and residency, such as a passport or utility bill.

The documents can be obtained from the police, medical professionals, or other relevant authorities, and must be submitted to the court within 14 days of making the application, as per the deadline set out in the Civil Procedure Rules 1998, Part 65.

The Filing Process

Step 1: Making the Application

The applicant must make the application to the magistrates’ court or the High Court, depending on the severity of the alleged incident, as per the jurisdiction requirements outlined in Section 6 of the Protection from Harassment Act 1997. The application must be made in writing, using the prescribed form, and must include all supporting documents.

The application must be filed with the court within 6 months of the alleged incident, as per the time limit set out in Section 3 of the Act, and the applicant must pay a filing fee of £100-£200, depending on the court.

Step 2: Serving the Respondent

The court will serve the respondent with the application and supporting documents, as per the service requirements outlined in the Civil Procedure Rules 1998, Part 65. The respondent must be served within 14 days of making the application, and must be given at least 7 days’ notice of the hearing.

The respondent may file a response to the application, which must be served on the applicant within 7 days of the hearing, as per the deadline set out in the Civil Procedure Rules 1998, Part 65.

Step 3: The Hearing

The court will hold a hearing to determine whether to grant the restraining order, as per the hearing requirements outlined in Section 7 of the Protection from Harassment Act 1997. The applicant and respondent will have the opportunity to present their case, and the court will consider all evidence presented.

The hearing must be held within 28 days of making the application, as per the time limit set out in Section 3 of the Act, and the court may grant an interim order pending the outcome of the hearing.

Costs and Timeline

The filing fee for a restraining order application is £100-£200, depending on the court, as per the fee schedule set out in the Civil Procedure Rules 1998, Part 65. The applicant may also be required to pay for the services of a solicitor, which can cost £500-£1,000 or more, depending on the complexity of the case.

The timeline for obtaining a restraining order can vary, but the court will typically make a decision within 6-8 weeks of making the application, as per the timeline set out in the Civil Procedure Rules 1998, Part 65.

State-by-State Differences

While the Protection from Harassment Act 1997 applies throughout the UK, there are some differences in the way that restraining orders are handled in different jurisdictions. For example, in Scotland, the application must be made to the Sheriff Court, as per the jurisdiction requirements outlined in the Protection from Harassment (Scotland) Act 2010.

In Northern Ireland, the application must be made to the Magistrates’ Court, as per the jurisdiction requirements outlined in the Protection from Harassment (Northern Ireland) Order 1997. The fees and timelines may also vary depending on the jurisdiction, with the filing fee in Scotland ranging from £50-£100, and the timeline in Northern Ireland ranging from 4-6 weeks.

What Can Go Wrong

Common mistakes that can occur during the application process include failing to provide sufficient evidence, missing deadlines, or failing to serve the respondent correctly, as per the requirements outlined in the Civil Procedure Rules 1998, Part 65. If the application is unsuccessful, the applicant may appeal the decision to the High Court, as per the appeal requirements outlined in Section 8 of the Protection from Harassment Act 1997.

This is where the law gets teeth, as the court may impose penalties on the respondent for breaching the order, including a fine of up to £5,000 or imprisonment for up to 5 years, as per the penalty provisions outlined in Section 9 of the Act.

The current enforcement status of restraining orders in the UK is that they are strictly enforced, with the police and courts working together to ensure that respondents comply with the terms of the order, as per the enforcement requirements outlined in the Protection from Harassment Act 1997. Recent legislative updates have strengthened the powers of the court to impose penalties for breaching the order, with the most recent update being the introduction of a new offence of stalking, which carries a maximum penalty of 10 years’ imprisonment, as per the provisions outlined in the Protection of Freedoms Act 2012.