Restraining Order Template for England and Wales

A Restraining Order is a court-issued directive that stops someone from doing specific things, like contacting another person or visiting certain places. In England and Wales, these orders help protect people from harassment, violence, or unwanted contact by setting clear legal boundaries that the subject must follow.

Breaking a Restraining Order is a criminal offence that can lead to arrest and prosecution. Courts can tailor these orders to fit each situation - from preventing workplace harassment to protecting domestic abuse survivors. The police and courts work together to enforce these orders, giving victims legal protection and peace of mind.

Consider seeking a Restraining Order when someone's behavior makes you feel unsafe or causes serious distress. Common situations include persistent harassment, stalking, domestic abuse, or threatening conduct that puts your wellbeing at risk. The courts in England and Wales take these applications seriously, especially if you have evidence of threatening messages, witness statements, or police reports.

Time matters with Restraining Orders - don't wait until a situation escalates. Early action through the courts can prevent harmful behavior from getting worse. The order works best when you have clear examples of unwanted contact or threats, and when other attempts to stop the behavior haven't worked.

• Non-Molestation Orders: Protect victims of domestic abuse from harassment, threats, or violence from family members or partners
• Occupation Orders: Control who can live in or enter a shared home, often used alongside Non-Molestation Orders
• Harassment Prevention Orders: Stop unwanted contact or behavior from anyone, including neighbors or colleagues
• Domestic Violence Protection Orders: Provide immediate protection after domestic incidents, lasting 28 days
• Sexual Harm Prevention Orders: Restrict activities of those convicted of sexual offences to protect the public

• Protected Persons: Individuals seeking protection from harassment, threats, or abuse - often victims of domestic violence or stalking
• Legal Representatives: Solicitors who help draft and file Restraining Order applications, advising clients on evidence needed
• Courts: Magistrates and judges who review applications, issue orders, and handle breaches
• Police: Officers who enforce Restraining Orders and respond to reported violations
• Restricted Persons: Those bound by the order's terms, who must follow specific restrictions or face criminal penalties

• Evidence Collection: Gather detailed records of incidents, including dates, times, and descriptions of threatening behavior or harassment
• Personal Details: Compile accurate names, addresses, and contact information for both parties involved
• Police Reports: Obtain copies of any incident reports, crime reference numbers, or previous complaints
• Witness Statements: Collect statements from people who have witnessed the concerning behavior
• Specific Restrictions: List exactly what actions you want to prevent - like contact methods, distances, or locations
• Supporting Documents: Include relevant photos, messages, medical records, or other evidence of threats or harm

• Party Details: Full legal names, addresses, and identifying information for protected and restricted persons
• Prohibited Actions: Clear, specific list of banned behaviors, communications, or movements
• Geographic Boundaries: Precise locations and distances the restricted person must avoid
• Duration: Start date and length of the order, including any review dates
• Legal Authority: Citation of relevant laws and court jurisdiction
• Enforcement Terms: Consequences of breaching the order and reporting procedures
• Service Details: How and when the order was served to the restricted person

A Restraining Order differs significantly from a Cease and Desist Order in several important ways. While both documents aim to stop unwanted behavior, they serve different legal purposes and carry different levels of enforcement power.

• Legal Authority: Restraining Orders are court-issued orders with immediate criminal consequences if breached, while Cease and Desist Orders are typically initial legal warnings without automatic criminal penalties
• Application Process: Restraining Orders require court approval and formal hearings, whereas Cease and Desist Orders can be sent directly by individuals or their solicitors
• Enforcement Power: Breaking a Restraining Order can result in immediate arrest, but violating a Cease and Desist Order usually requires additional legal action to enforce
• Scope of Protection: Restraining Orders often include physical distance restrictions and comprehensive contact bans, while Cease and Desist Orders typically focus on specific activities or behaviors