What is it?
A restraining order is a legally binding document that protects someone by preventing an individual from harming or harassing them, commonly known as an injunction.
How does it work?
It works by setting rules and imposing restrictions on the perpetrator; this can also include the victims’ children. If the perpetrator breaks any of these terms, it is a criminal offense, and they can be arrested, charged, and convicted in a criminal court. They are usually given for a set amount of time, i.e., 1/3/5 years, and can be amended or extended too.
Sometimes lifetime orders can be issued, but this is only in the most serious of cases.
Here are some examples of the terms that the order can contain.
• Not to contact the victim directly or indirectly (indirectly to mean passing on a message through someone else) via letter/phone call/text/email/social media
• Not to attend the property of the victim
• Not to attend or enter any property they believe the victim to be in
• Not to go within a certain distance of the victim/their property/place of work/children’s schools
• Not to enter the town (within distance) of the victim
• Not to post or publish threatening or derogatory communication to or about the victim on social media
• Not to use or threaten violence against the victim
• Not to intimidate, harass, or pester the victim
• Not to damage or attempt to damage any property belonging to the victim
• Not to encourage or instruct any 3rd party to breach any of the terms on behalf of the perpetrator
It is important to note that the terms of these orders and how they are worded are extremely important; a slight miswording could result in a failure to secure a conviction after a breach of these terms.
Who can seek one and how?
A restraining order is issued by the criminal courts during criminal proceedings; only the police or the Crown Prosecution Service (CPS) can request the court to issue this. For example, if someone is charged with an offense, the police/CPS may request a restraining order for the protection of the victim to be given alongside the conviction. Without criminal proceedings, these cannot be issued. They may be issued on ex-partners, family members/relatives, or anyone who has been charged with a crime that is deemed as violent or harassing.
What happens next?
You will be informed if a restraining order is to be applied for during criminal proceedings and if it has been successful and what the conditions are. It will remain in place for the period stated and is immediately effective post-court. It can be useful for you to have spare copies; try to provide your local police station with one and anywhere/anyone else you think may need it. This could be your place of work or your children’s school.
What is the difference between this and a non-molestation order?
Although restraining orders are sometimes seen as being more serious, in my experience of having both, they work exactly the same. The difference is who issues it. A restraining order is issued by a criminal court and a non-molestation order by a civil (family) court.
Can a restraining order be extended or varied?
Yes. Terms of the order can be changed, and it can be extended, though this is usually only if an incident has happened recently. To do this, you must contact your local police force, who will put you in touch with the CPS (Crown Prosecution Service). They will guide you through the process, and you will have to attend court yourself.
Does this mean they cannot have contact with my children?
Firstly, it depends if the children are named on the order. They have to be added by the court; this is not automatically done and doesn't happen in every case. If they are, then the answer is yes and no. A term could be included in this order that they may have communication with you if this involves arranging child contact or care. If you have a contact order (see protecting children), they may include a term that stipulates it is directed by said contact order. For example, the restraining order states they cannot contact your children, but the contact order says they may have phone calls. Therefore, the perpetrator will be allowed to have phone calls with the child/children as directed by the contact order, but all other forms of contact will be forbidden as directed by the restraining order.