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Stalking Protection Orders

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Stalking is a serious criminal offence which can result in significant penalties upon conviction.

Stalking Protection Orders, introduced as part of the Stalking Protection Act 2019, can be issued to prevent defendants from carrying out acts associated with stalking. Once imposed, breaching a Stalking Protection Order is a criminal act that could result in imprisonment.

Please note that the following article is for informational purposes only and should not be considered legal advice. If you need legal support with allegations relating to Stalking Protection Orders, please get in touch, and our team can advise you.

What is a Stalking Protection Order (SPO)?

A Stalking Protection Order is a civil order which must be applied for by the police. An application for an SPO can be submitted when it is believed that:

  • Someone has carried out acts associated with stalking
  • Someone poses a risk of stalking
  • There is cause to believe that the SPO is necessary to protect someone from the risk of stalking

The details of a Stalking Protection Order will vary depending on the surrounding circumstances and context of each case. Typically, Stalking Protection Orders will contain provisions such as:

  • Preventing someone from entering certain locations
  • Preventing contact with the stalking victim (including third-party contact)
  • Providing the police with access to social media accounts and mobile phones to prevent contact

Stalking Protection Orders can be applied for even if prosecution for stalking is not pursued.

How long do Stalking Protection Orders last?

Stalking Protection Orders usually last for a fixed period, which will be specified in the details of the order. This fixed period must be for a minimum of two years.

Different periods may be specified in relation to various prohibitions or requirements, depending on the circumstances.

What happens if a Stalking Protection Order is breached?

Breaching a Stalking Protection Order or failing to comply with the notification requirements outlined in the order (without a reasonable excuse) is a criminal offence.

It is an either way offence, meaning it can be heard in either the Magistrates’ or the Crown Court.

The maximum possible sentence for breaching a Stalking Protection Order is five years’ custody.

This highlights the importance of having an expert criminal defence solicitor on your side to advise you while a Stalking Protection Order is being imposed and in instances where you are alleged to have breached the terms of an order.

Can a victim directly apply for a Stalking Protection Order or does the police need to apply?

Alleged victims of stalking cannot directly apply for a Stalking Protection Order. It is only the police who can make such an application.

That said, the police will likely take reports of stalking from an alleged victim into consideration when deciding whether to make a Stalking Protection Order application.

If I win, do the police have to pay my legal costs?

There is a legal principle that courts often follow when deciding whether to make public authorities (like the police) pay someone’s legal costs in a case. The following are the general rules courts will follow regarding Stalking Protection Order cases:

Default position – no costs against public authorities

If a public authority (like the police) acts reasonably and properly, the general rule is that they shouldn’t have to pay the other side’s legal costs, even if they lose or withdraw from the case.

But it is not automatic – courts will check carefully

The court will closely examine the police’s behaviour. If they didn’t act properly, or if something was very unfair or unreasonable about how they handled the case, the court might decide they should pay.

Exception – when the other person suffers financial hardship

If the person who won the case (or had the case against them dropped) would suffer serious financial difficulty if they were not awarded costs, the court might make the police pay if they have acted unreasonably. But it has to be more than the normal stress or cost of going to court, meaning it has to be something extra or undue financial hardship.

Essentially, if someone successfully defends themselves against a Stalking Protection Order and wishes to have their legal costs paid back:

  • The court will ask: Did the police act reasonably?
  • If yes, they probably won’t have to pay.
  • If no, and if the person defending themselves would face serious hardship without costs, then the court might make the police pay.

Please note, it is always highly unlikely you will get costs back

To mitigate against these non-recoverable costs, JD Spicer Zeb can offer fair fixed fee costs for Stalking Protection Order cases. The initial meeting with our expert criminal defence solicitors costs £1,000 to £2,000 plus VAT, and to attend court, our fees range from £1,500 to £10,000 plus VAT, to be agreed depending on the complexity of your case.

What is the process for appealing or varying a Stalking Protection Order?

The respondent (the person the Stalking Protection Order applies to) can apply to the Magistrates’ Court for an order which varies or discharges a Stalking Protection Order.

The respondent can apply to a Crown Court to appeal or vary a Stalking Protection Order.

What is the difference between a Stalking Protection Order and a Non-Molestation Order or Restraining Order?

Stalking Protection Orders, Non-Molestation Orders and Restraining Orders all serve similar functions, though there are slight differences between the three.

Non-Molestation Orders are typically used in domestic abuse situations and are sought by the victim in the family court, rather than by the police.

Restraining Orders can be used in various situations, including harassment and abuse (as opposed to just stalking).

Related offences

Fees and funding

JD Spicer Zeb offer fair fixed fee costs for Stalking Protection Order cases. The initial meeting with our expert criminal defence solicitors costs £1,000 to £2,000 plus VAT, and to attend court, our fees range from £1,500 to £10,000 plus VAT, to be agreed depending on the complexity of your case.

To find out more about the way we handle fees, please use the links provided below:

Contact our Stalking Protection Order solicitors today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

You can contact our dedicated Stalking Protection Order solicitors in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide a prompt, friendly response.