Restraining Orders can seriously impact your life and breaching them is a criminal offence. If you have been given a Restraining Order and want to have it varied or discharged or have been charged with an offence that could lead to a Restraining Order being made (such as Assault, stalking or harassment), our experienced Solicitors can provide you with the advice and support you need to get the best outcome.
Our criminal law team is recognised as being one of the best in the country. We understand that you may be frightened and worried about the impact a Restraining Order may have on your personal and professional life. Our Solicitors have successfully represented clients who have been the victim of a malicious Restraining Order application following a relationship breakup.
We are instructed frequently to represent people charged with criminal offences and misconduct allegations, and as such, have developed a wealth of experience in this area of criminal law. Our Solicitors appear regularly in the Legal 500, and in 2025, we were named one of the UK’s top law firms by The Times, specially commended for criminal law.
You do not have to face the police and/or court alone. You have the right to a defence and to have your side of the story heard. We will be by your side every step of the way, protecting your interests and tenaciously defending you. Contact us on [email protected] or 0333 240 7373, alternatively, contact us here.
How We Can Help
Our Solicitors have a proven track record in handling a wide range of harassment and stalking cases, from minor offences to complex and high-profile trials. With extensive knowledge of sexual offences law, you can trust us to build a robust defence and do everything possible to have charges against you dismissed before your court date.
We believe in fighting relentlessly to protect your rights and achieve the best outcome. Our team is known for its tenacity, strategic thinking, and persuasive advocacy both inside and outside the courtroom.
Your needs and concerns are our top priority. We take the time to listen and understand your situation. We will develop a customised defence strategy that aligns with your goals. Our Solicitors provide regular updates and clear communication throughout the legal process.
Our solicitors handle a wide range of cases, including but not limited to stalking, harassment, upskirting, voyeurism, revenge port, deep fakes, cyberflashing, and more. No matter how complex your case is, we have the expertise to provide robust representation.
We understand the sensitive nature of criminal cases. Rest assured, all discussions and information shared with our team are strictly confidential. Your privacy and reputation are paramount to us.
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FAQ
A Restraining Order is a court order that protects complainants from threatening behaviour by the person against who the Order is made. Threatening behaviour can include stalking, physical and emotional abuse, and harassment. They are designed to protect the complainant rather than punish the recipient; therefore, the Court can make a Restraining Order if you are convicted or acquitted of an offence.
If you have been convicted of an offence, section 360 of the Sentencing Act 2020 provides that the Court may make a Restraining Order to protect the complainant from conduct that amounts to harassment or will cause fear of violence. In the case of acquittal, section 5A of the Protection From Harassment Act 1997 states that the Court may make a restraining order if it considers it necessary to protect a person from harassment by the Defendant (but not fear of violence).
The Court will need to evaluate evidence provided by the police or Prosecution, such as the concerns of the complaint and a risk assessment. Before making a Restraining Order, the Court must consider:
- The views of the complainant.
- Whether such an order is required to protect the complainant.
- Ensuring the terms of the Order are proportionate to the harm it is seeking to prevent.
- If there are children involved, the Restraining Order does not prevent the recipient from having contact with them if contact is deemed appropriate.
Non-Molestation Orders are classed as a civil injunction and are made by the Family Court. They can be used to protect the Applicant from a ‘connected person,’ for example, a spouse or partner, who they allege has subjected them to domestic abuse. A Non-Molestation Order can also be used to protect the Applicant’s children. They can be granted without notice; however, the Respondent will be invited to attend a hearing to offer reasons why the injunction should be removed.
Restraining Orders, on the other hand, are most commonly granted when there are criminal proceedings against the Defendant. They are granted by the Criminal Court, under the Protection from Harassment Act 1997. If you breach a Restraining Order, you may be charged with a criminal offence.
If you have been charged with a criminal offence relating to domestic abuse, it is likely that your bail conditions will include a prohibition on you contacting the Complainant and a requirement to stay a certain distance away from their home and place of work.
You can apply to the Court to have a Restraining Order varied or discharged. Alternatively, you can also make an appeal, provided you lodge the appeal within the correct time frame. In cases where the appeal is made to the Court of Appeal, this is 21 days.
Compelling evidence is needed to discharge or vary a Restraining Order. Therefore, it is crucial to contact us if this is something you wish to do. We can advise and represent you even if you represented yourself or had another solicitor handle your case at the original hearing.
Our Solicitors have the expertise and experience required to advise and represent you. Please contact us through our contact page here. Alternatively, you can phone 0333 240 7373 or email us at [email protected].