What is it?
A stalking protection order is a legally binding document that protects someone from harm and harrassment from another individual, commonly known as an injunction. It is a civil order.
How does it work?
It works by setting rules and imposing restrictions on the perpetrator. If the perpetrator breaks any of these terms it is a criminal offence, and they can be arrested, charged, and convicted in a criminal court. They are usually given for a minimum of 2 years and can be given indefinitely or until further order by the court.
Here are some examples of the terms that the order can contain and enforce by preventing the alleged perpetrator from;
entering certain locations or defined areas where the victim resides or frequently visits
contacting the victim by any means, including via telephone, post, email, SMS text message or social media
contacting or interacting with the victim via third parties, for example friends or family
making reference to the victim on social media either directly or indirectly
making vexatious applications to the civil court (including the Family Court) which reference the victim
recording images of the victim
using any device capable of accessing the internet unless it has the capacity to retain and display the history of internet use
physically approaching the victim (at all, to within a specified area or as outlined on a map)
engaging in any form of surveillance of the victim by any means
The order may also includes requirements of the AP to;
attend an assessment of suitability for treatment
attend an appropriate perpetrator intervention programme
attend a mental health assessment
attend a drugs and alcohol programme
surrender devices
provide the police with access to social media accounts, mobile phones, computers, tablets, and passwords/codes
sign on at a police station
(https://www.cps.gov.uk/legal-guidance/stalking-protection-orders)
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?
Only the Police can apply for these orders and they are dealt with by a Magistrates Court. They are most similar to a restraining order. They can be given at the time of criminal conviction (full SPO) and also during the investigation process (interim SPO). These orders can also be given if the evidence collected does not meet the requirements for a criminal conviction.
Children can also be named on and protected by an SPO. Likewise, an SPO can be issued against an AP aged 10-18 and this is dealt with via the youth courts.
Can this be made in an emergency?
Yes, this order can be issued without notice (ex-parte in court terms) meaning they can be applied for in an emergency without the perpetrator knowing, this is particularly helpful if the Police are concerned for the immediate safety of the victim. Alternatively, a with notice application is when the perpetrator is informed of the proceedings before the first hearing.
What happens after the application?
The SPO will be in place immediately and the Police will serve this order on the AP. Like other civil orders this can be contested and will be dealt with by the Police and the courts.
Is there anyone that could help me request this from the Police?
Absolutely. You can seek help, support and advocacy from an independent stalking advocacy caseworker (ISAC). You can ask your local Police for further details or contact Paladin via https://www.paladinservice.co.uk/get-support