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
Application
By CPS at end of trial (s.5 on conviction, s.5A on acquittal where the court considers it necessary).
Court determination
Court considers necessity to protect from harassment. Standard: balance of probabilities (civil standard).
Order made
Specifies prohibited conduct, geographic exclusion zones, contact restrictions. Time-limited or 'until further order'.
- Order made
- Refused
Breach
Breach of the order is a criminal offence — up to 5 years' imprisonment on indictment.