England & Wales
Restraining Order
Magistrates' or Crown Court
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
Who can apply
Made by the criminal court following conviction (s.5 PHA 1997) or on acquittal (s.5A) where necessary to protect from harassment.
Grounds
Necessary to protect the victim from conduct which amounts to harassment or causes fear of violence. Court applies civil standard on acquittal applications.
Evidence required
Built from the criminal trial evidence (or material not used at trial on acquittal). Victim Personal Statement is crucial.
Duration
Specified by court — often years; can be 'until further order' (indefinite).
Breach consequences
Criminal offence — up to 5 years' imprisonment.
Legal aid
Not needed by victim — Crown prosecutes breach.
Apply for this order
Download the official application forms, see where to send them, and get free advice. Forms link to the government publication page so you always get the current revision.
Download the forms
Where to send / file
- Made by the criminal court on conviction (or acquittal under s.5A PHA 1997) You don't 'file' a Restraining Order yourself — ask the OIC / CPS to apply at sentence. Make a Victim Personal Statement (template on our Templates page) setting out why one is needed.
- Victim Support — help asking for a Restraining Order
Tip: Use our Templates page for a Part 22 witness statement, position statement, chronology and Scott Schedule to attach to your application.
Underlying legislation: View the Act