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All Legal Journeys
Criminal Law
England & Wales
4 stages
Made at sentence or at end of acquittal hearing
Reviewed 2026-05-22
Restraining order journey (criminal)
Restraining order under s.5 / s.5A Protection from Harassment Act 1997, on conviction or acquittal.
Who Uses This Journey
Victims of harassment seeking court-imposed contact restrictions on the defendant; prosecutors applying at the end of trial.
Stage-by-Stage Timeline
1
1
Application
By CPS at end of trial (s.5 on conviction, s.5A on acquittal where the court considers it necessary).
2
2
Court determination
Court considers necessity to protect from harassment. Standard: balance of probabilities (civil standard).
3
3
Order made
Specifies prohibited conduct, geographic exclusion zones, contact restrictions. Time-limited or 'until further order'.
Possible Outcomes
- Order made
- Refused
4
4
Breach
Breach of the order is a criminal offence — up to 5 years' imprisonment on indictment.