When can a criminal restraining order be made?

A criminal restraining order is made by the court at the end of a trial. It can be issued when a defendant is convicted or when they are acquitted, provided the court considers it necessary to protect the victim from harassment. The application is typically made by the Crown Prosecution Service at the conclusion of the hearing.

What standard of proof does the court use to decide on a restraining order?

The court applies the civil standard of proof, known as the balance of probabilities. This means the court must be satisfied that it is more likely than not that the order is necessary to protect the victim from further harassment. This is a lower threshold than the criminal standard of beyond reasonable doubt.

What happens if someone breaks a criminal restraining order?

If a person breaches a criminal restraining order, they commit a criminal offence. The maximum penalty for this offence is five years' imprisonment if the case is tried on indictment. This applies regardless of whether the original order was made following a conviction or an acquittal.

What does a criminal restraining order typically contain?

The order will specify the prohibited conduct, such as contact restrictions or geographic exclusion zones. It may be time-limited or remain in force until further order. The specific terms are designed to protect the victim from harassment as determined by the court.

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.

This page mainly applies to England and Wales. Scotland and Northern Ireland may have different rules — check the jurisdiction before relying on this information.

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'.

Possible Outcomes

Order made
Refused

Breach

Breach of the order is a criminal offence — up to 5 years' imprisonment on indictment.

Official Sources

Protection from Harassment Act 1997 s.5

Frequently asked questions

When can a criminal restraining order be made?: A criminal restraining order is made by the court at the end of a trial. It can be issued when a defendant is convicted or when they are acquitted, provided the court considers it necessary to protect the victim from harassment. The application is typically made by the Crown Prosecution Service at the conclusion of the hearing.
What standard of proof does the court use to decide on a restraining order?: The court applies the civil standard of proof, known as the balance of probabilities. This means the court must be satisfied that it is more likely than not that the order is necessary to protect the victim from further harassment. This is a lower threshold than the criminal standard of beyond reasonable doubt.
What happens if someone breaks a criminal restraining order?: If a person breaches a criminal restraining order, they commit a criminal offence. The maximum penalty for this offence is five years' imprisonment if the case is tried on indictment. This applies regardless of whether the original order was made following a conviction or an acquittal.
What does a criminal restraining order typically contain?: The order will specify the prohibited conduct, such as contact restrictions or geographic exclusion zones. It may be time-limited or remain in force until further order. The specific terms are designed to protect the victim from harassment as determined by the court.