Legal issues
For a final order on a police application, the court considers acts associated with stalking, the risk posed and whether protection is necessary. Each prohibition or requirement must be justified. Interim orders have a different statutory test and operate pending determination. Do not confuse an SPO with police bail, a restraining order or a non-molestation order: several may operate at once.
This guide concerns England and Wales.
For the wider service, see Stalking and Harassment Defence. Related decisions are covered in Changing pre-charge bail conditions and Responding to a non-molestation order.
Evidence that matters
Prepare a chronology responding to each alleged incident. Preserve complete messages, travel records and relevant location evidence, including material that may require explanation. Provide work or study commitments if proposed terms affect them. A response should address future risk and the practicality of the proposed wording, not simply repeat a denial of the criminal allegation.
Reasonable lines of enquiry
Check whether dates or accounts have been conflated, whether a proposed exclusion zone is clear and whether essential arrangements can be addressed safely. If child-related communication is needed, propose a defined lawful route through advisers or an approved intermediary. Do not approach the protected person to negotiate the order.
What happens next
At the hearing, the court may consider interim protection, directions for evidence or determination of the application. A final order may contain prohibitions and positive requirements. Variation, discharge and appeal have separate rules; discharge within the first two years is subject to statutory restrictions. Notification duties concerning name and address can apply in addition to the terms printed as prohibitions.
Immediate steps
Read the whole order immediately, note service and hearing dates, and ask for advice on unclear terms. Do not treat an application to vary as permission to ignore the existing order. Breach without reasonable excuse can be a criminal offence. A dispute about the allegations should be advanced through the proceedings.
What should you send us?
Send the application, supporting statements, proposed or existing order, hearing notice, bail conditions and any family court orders. Identify any term you cannot understand or practically comply with.