Solicitarea unui ordin de restricție
Cum să obțineți un ordin de restricție pentru protecție împotriva hărțuirii.
Prezentare generală
A restraining order is a court order that prohibits a person from doing anything described in the order, such as contacting you, approaching your home, or coming within a certain distance. Restraining orders are most commonly made under the Protection from Harassment Act 1997, either on conviction (s.5) or on acquittal (s.5A). They can also be made in civil proceedings. Breach of a restraining order is a criminal offence carrying up to five years' imprisonment.
Cine poate folosi acest proces
- You have been a victim of harassment, stalking, or domestic abuse
- The perpetrator has been prosecuted (the order can be requested by the prosecution at sentencing)
- Even if the defendant is acquitted, the court may still make a restraining order if it considers it necessary to protect the victim (s.5A)
- In civil cases, you may seek an injunction under s.3 of the Protection from Harassment Act 1997
Proces pas cu pas
Report to Police
Report the harassment or stalking to the police. Keep a diary of all incidents, save messages and evidence. The police can apply for a restraining order on your behalf during criminal proceedings.
- Keep a chronological log of incidents with dates, times, and witnesses
- Save all text messages, emails, voicemails, and social media communications
- Report every incident — a pattern of behaviour is crucial for a harassment charge
Support Criminal Prosecution
If the police charge the perpetrator, the Crown Prosecution Service will prosecute. You will be asked to provide a victim personal statement. Inform the prosecutor that you want a restraining order — they can request one at sentencing.
- Ask Victim Support or your IDVA (Independent Domestic Violence Adviser) to help you through the process
- The restraining order can include conditions such as no contact, exclusion zones, and not attending your workplace
Civil Injunction Alternative
If there is no criminal prosecution, you can apply for a civil injunction under s.3 of the Protection from Harassment Act 1997 (or a non-molestation order under the Family Law Act 1996 if the perpetrator is an associated person). Apply to the County Court using Form N16A.
- You may be eligible for legal aid for domestic abuse injunctions
- The court can grant an injunction without notice to the respondent in urgent cases
After the Order
Once a restraining order is in place, any breach is a criminal offence. Report any breach to the police immediately. The order remains in force until further order — it can be varied or discharged on application by either party.
- Keep a copy of the order on your person and at home
- Give copies to your employer, school, and anyone else who needs to know
- Report every breach — even apparently minor ones
Costuri
Avertismente importante
A restraining order is different from a non-molestation order — seek legal advice on which is appropriate for your situation.
Breach of a restraining order is a criminal offence punishable by up to five years' imprisonment.
You should not rely solely on the order for your safety — have a safety plan in place.