Skip to Content

Stalking

Stalking Protection Orders: Law, Breach and Victim Protection


Stalking can involve persistent and unwanted conduct that causes fear, alarm or serious distress.


It may take place in person, online, through telephone calls or messages, by monitoring someone's movements or through repeated contact with their relatives, friends or colleagues.


What Behaviour May Amount to Stalking?


Stalking behaviour can include:



  • Following someone;

  • Repeatedly approaching or contacting them;

  • Publishing statements or material about them;

  • Monitoring their telephone, email or internet use;

  • Watching or waiting near their home or workplace;

  • Interfering with their property;

  • Sending unwanted gifts or communications;

  • Tracking their movements;

  • Using surveillance equipment; and

  • Contacting people associated with them.


Individual incidents may appear minor when considered separately. Stalking frequently becomes apparent through the pattern, persistence and cumulative effect of the conduct.


What Is a Stalking Protection Order?


A Stalking Protection Order is a civil preventative order intended to protect a person from stalking-related behaviour.


An order may prohibit specified conduct and may also require the respondent to take particular steps.


A Stalking Protection Order can be made even where the respondent has not been convicted of a stalking offence.


Restrictions Under an Order


An order may prohibit the respondent from:



  • Contacting the protected person;

  • Approaching their home, workplace or school;

  • Entering a specified area;

  • Using particular social-media accounts, devices or applications;

  • Publishing information about the protected person;

  • Contacting relatives, friends or colleagues; or

  • Possessing equipment that could be used for surveillance.


Positive Requirements


An order may also require the respondent to:



  • Attend an assessment;

  • Participate in a treatment or behaviour programme;

  • Provide specified information to the police;

  • Allow access to devices where lawfully required; or

  • Comply with another requirement intended to manage the stalking risk.


Orders Following Criminal Proceedings


The Crime and Policing Act 2026 extended the circumstances in which Stalking Protection Orders may be made.


A criminal court may make an order at the conclusion of proceedings following either a conviction or an acquittal, without requiring the police to begin a separate civil application.


The court must consider whether the statutory conditions are satisfied and whether the restrictions or requirements are necessary to protect another person from stalking risk.


Standard of Proof


The civil standard of proof applies when the court considers whether an order or a particular requirement is necessary.


The relevant issues are therefore determined on the balance of probabilities.


Interim Orders


An interim Stalking Protection Order may be made where protection is required before the full application can be decided.


An interim order can impose immediate restrictions while further evidence is obtained and the proceedings continue.


Breach of an Order


Breaching a Stalking Protection Order or interim order without reasonable excuse is a criminal offence.


A breach may result in imprisonment, a fine or both.


The behaviour may also amount to a separate offence of stalking, harassment, malicious communications or another criminal offence.


Reporting Stalking


A person experiencing stalking should retain evidence where it is safe to do so.


Useful evidence may include:



  • Messages and emails;

  • Telephone call logs;

  • Social-media posts and account details;

  • Photographs and video recordings;

  • A diary recording dates, times and incidents;

  • Vehicle registration details;

  • Witness information; and

  • Details of reports made to the police, an employer or another organisation.


Evidence should not be gathered in a way that increases the danger to the victim.


Disclosure and Multi-Agency Protection


The Crime and Policing Act 2026 provides for statutory guidance concerning cooperation between public authorities and decisions about disclosing information where this is necessary to protect a person from stalking.


Whether information can be disclosed will depend on the safeguarding risk, policing powers, data-protection duties and the circumstances of the case.


Other Protective Measures


Depending on the relationship and conduct involved, additional protection may include:



  • A non-molestation order;

  • An occupation order;

  • An injunction under the Protection from Harassment Act 1997;

  • Police bail conditions;

  • A restraining order following criminal proceedings; or

  • Other police safeguarding measures.


Immediate Danger


Where there is an immediate danger or a crime is taking place, call the police on 999.


Non-emergency incidents can normally be reported through 101 or the relevant police force's online reporting service.


Solicitors.com is not a firm of solicitors. This article is provided for general information only and does not constitute legal advice. You should seek advice from a suitably qualified solicitor about your individual circumstances.


Stalking
Image Description
related news
recent articles
Major Change in Divorce Law - no fault divorces

Government to finally introduce 'no-fault' Divorce laws..

link

Radicalisation Laws

Radicalisation Laws - For too long many have said we, as a country, are a soft touch, perhaps allowing free speech when the speech in question is inciteful for..

Children and the Law - Car Safety

Up until a child reaches the age of 12, or 135 cm, a child must use a booster or car seat, when a child is not required to use a car seat or booster they must,..

How to change your name.

How to change your name | Many people find that they wish to change their name, this can be for any number of reasons...

Double Jeopardy Law

What is Double Jeopardy? and is it still Law in the UK?..

link

Communications Data Bill

The controversial Communications Data Bill is being revived to introduce a
wide range of laws allowing public bodies to gain access to historic private
commun..

Controlling and Coercive Behaviour in Relationships

Family law, Changes to help victims of controlling behaviour.
The Home Secretary had announced new laws to help victims of psychological and emotional abuse b..

Funded Childcare for Working Parents

Free Childcare to be increased - Good news If you are a family very young children living in England, The Government has announced plans to double the free chil..

What is a Section 60 notice?

Over 2000 section 60 notices have been issued in London last year..

link

Plea services launched online.

Plea services launched on-line for motoring offences -
The Government has launched a new service that allows motorists charged with summary offences to enter a..

Reasons for Divorce

Reasons for Divorce. - What constitutes grounds for divorce..

Fraud Solicitors | Solicitors.com

Fraud Solicitors. Fraud could be described as a deception in order to secure unfair or unlawful gain, usually monetary...

Image Description
Is there anything wrong with this page? - any amendments will receive accreditation - email us

Solicitors.com are not a firm of solicitors, and any content on the site should not be used in substitute for obtaining Legal advice from a solicitor regulated in the UK, Solicitors.com recommends that you contact a firm of solicitors to discuss your individual legal requirement. Whilst we strive to bring you accurate up to date content, all content on this site is not legal advice and is not guaranteed to be correct. Use of this site does not create a client relationship.

Information by area of law
Back to top