Having a Stalking Protection Order (SPO) made against you can be incredibly stressful, especially if you believe the person applying for the Order has done so unreasonably or maliciously. Our experienced Sexual Offences Solicitors can provide you with the advice and support you need to get the best outcome if an interim or full SPO has been made against you.
Our criminal law team is recognised as being one of the best in the country. We will vigorously defend you in a hearing to make you subject to an SPO after carefully gathering evidence and witness statements to persuade the Court that no such order should be made. We can also advise and support you if you wish to appeal an SPO or have been charged with breaching an SPO.
We are instructed frequently to represent people charged with allegations of stalking, and as such, have developed a wealth of experience in this highly specialised area of criminal law. Our Solicitors appear regularly in the Legal 500, and in 2023, 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. You can contact us through our contact page here; alternatively, phone 0333 240 7373 or email [email protected].
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 Sexual Offences 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 Stalking Protection Order (SPO) is a civil order created under the Stalking Protection Act 2019. The police can apply to the Court to have an SPO made against you to stop you from contacting another person or visiting certain places where that person frequents (such as their home, workplace, or child’s school). An SPO can also require a person to engage with professional services, such as mental health support.
Government guidance states that police should consider applying for an SPO in cases where:
- A person has carried out acts associated with stalking;
- They pose a risk of stalking another person; and
- There is reasonable cause to believe an SPO is required to protect the other person from that risk.
When evaluating whether to apply for an SPO against you, the police must carefully look into the background of your behaviour and judge whether it is reasonable for the complainant to find the behaviour unwelcome and that you ought to have known the complainant would find the behaviour threatening.
An SPO can state that you:
- Cannot contact or engage with the complainant on social media.
- Cannot contact the complainant via their friends and family.
- Must stay a certain distance away from places where the complainant frequents.
- Cannot record or photograph the complaint.
- Attend a perpetrator intervention course.
- Attend an assessment for suitability of specific treatment.
- Surrender your devices and passwords to the police.
- Sign in with your local police station.
A stalking protection order can be made on an interim basis where the Courts cannot provide a full order in time, or there is a need for immediate protection before a full court hearing can take place.
A full SPO must be made for a minimum of two years. The maximum an SPO can last is dependent on the specific circumstances and requirements.
Breaching an SPO is a criminal offence. If you are brought before the Crown Court, you can be imprisoned for up to five years and/or receive a fine. If you are convicted in the Magistrates’ Court, you could receive a fine and/or be sent to prison for a maximum of 12 months.
If the SPO was made by the Magistrates Court, you can appeal to the Crown Court against the making of an order and have it varied or discharged. Compelling evidence is needed to discharge or vary a Stalking Protection 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.
An SPO can be made against a child or young person aged between 10-18 years. They will be subject to the same procedure as adults, but their case will be heard in the Youth Court.
Section 11 of the Children Act 2004 requires the police to ensure they promote the welfare of and safeguard children when carrying out their duties. In addition, alternatives to making an SPO should always be considered first. If any requirements are attached to the SPO, authorities must ensure that they are not so burdensome that a child would lack the capacity to comply.
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].