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.