Stalking

Stalking Protection Orders: Early Protection for Victims

Stalking can cause severe and lasting harm. Victims may change their routines, leave employment, move home or withdraw from family and friends because they fear what the stalker may do next.

The police do not always have to wait for a person to be charged or convicted before seeking protection. A Stalking Protection Order can be used to intervene at an early stage and restrict behaviour that presents a stalking risk.

What Is a Stalking Protection Order?

A Stalking Protection Order, commonly called an SPO, is a civil protective order.

Under the original procedure introduced by the Stalking Protection Act 2019, the police can apply to a magistrates' court for an order to protect someone from a risk associated with stalking.

No previous stalking conviction is required. An application may be made while a criminal investigation is continuing or where there is not yet sufficient evidence to bring a criminal prosecution.

The Crime and Policing Act 2026 also provides wider powers for criminal courts to impose SPOs following criminal proceedings.

When Can the Police Apply?

The police may apply where they believe that:

• a person has carried out acts associated with stalking;
• that person poses a risk associated with stalking to another individual; and
• an order is necessary to protect that individual from the risk.

The application is determined using the civil standard of proof, known as the balance of probabilities.

The person requiring protection does not need to have been in an intimate relationship with the alleged stalker. Stalking may involve:

• a former partner;
• a relative;
• a colleague;
• a neighbour;
• an acquaintance;
• a customer or client;
• a public figure; or
• a stranger.

What Behaviour Can Amount to Stalking?

Stalking usually involves behaviour that is fixated, obsessive, unwanted and repeated.

It may include:

• following or repeatedly approaching someone;
• waiting outside a home, workplace or school;
• repeated telephone calls, messages or emails;
• contacting someone through social media;
• monitoring online activity or location;
• sending unwanted gifts or letters;
• publishing material about the victim;
• contacting friends, relatives or employers;
• interfering with or damaging property;
• using tracking devices, cameras or spyware;
• making false complaints about the victim;
• impersonating the victim online; or
• making threats or causing fear of violence.

Conduct does not need to include physical violence to amount to stalking. The overall pattern, persistence and effect on the victim are important.

Acts Associated With Stalking

The court is not restricted to behaviour that has already resulted in a stalking conviction.

Acts associated with stalking can include conduct that forms part of an emerging pattern or indicates a risk that the behaviour will continue or escalate.

Individual incidents may appear relatively minor when considered separately. Police should examine how the incidents connect and whether they demonstrate fixation, obsession or repeated unwanted attention.

What Can an SPO Prohibit?

An SPO can prohibit the subject from carrying out specified activities.

Depending on the circumstances, the order may prevent them from:

• contacting the victim directly or indirectly;
• approaching the victim's home, workplace or place of study;
• referring to the victim on social media;
• encouraging another person to make contact;
• entering particular locations or areas;
• possessing or using specified devices or accounts;
• monitoring or tracking the victim;
• publishing information about the victim;
• contacting the victim's relatives, friends or employer; or
• using particular names, profiles or online identities.

The restrictions should be tailored to the particular pattern of behaviour and the risks identified.

Can an SPO Require Positive Action?

Yes. An SPO can impose positive requirements as well as prohibitions.

For example, the person may be required to:

• attend a behavioural programme;
• undertake a mental health assessment;
• attend drug or alcohol treatment;
• provide the police with access to specified devices;
• notify the police of changes to their address;
• provide details of telephone numbers or online accounts; or
• attend appointments with a responsible officer.

Positive requirements should address the behaviour or circumstances contributing to the risk.

Before imposing a requirement, the court should consider whether it is suitable, enforceable and capable of being carried out.

Interim Stalking Protection Orders

The police can seek an interim SPO where protection is required before the court can determine the full application.

An interim order may impose immediate restrictions and requirements while the main proceedings continue.

This allows protective action to be taken without waiting for:

• the completion of a criminal investigation;
• a charging decision;
• a criminal trial; or
• the final hearing of the full SPO application.

How Long Does an Order Last?

A full SPO may continue indefinitely or for a fixed period.

Where a fixed period is imposed, it must generally last for at least two years from the date on which the order is made.

Different restrictions or requirements within the same order may apply for different periods.

An interim order remains in force for the period specified by the court or until the main application is determined.

Can an Order Be Changed?

The police or the person subject to the order may apply to vary, renew or discharge it.

A variation may be required where:

• the stalking behaviour changes;
• new online accounts or devices are identified;
• the victim moves home or changes employment;
• a particular requirement has become impractical;
• the risk increases or decreases; or
• the original order no longer provides adequate protection.

The court will consider whether the proposed change remains necessary to protect the victim.

What Happens if an SPO Is Breached?

Breaching a full or interim SPO without a reasonable excuse is a criminal offence.

The maximum sentence following conviction in the Crown Court is five years' imprisonment, an unlimited fine or both.

A breach should be reported to the police promptly.

Useful evidence may include:

• messages;
• telephone records;
• social-media posts;
• photographs;
• video recordings;
• CCTV or doorbell footage;
• witness details; and
• information showing that the person entered a prohibited area.

Do not respond to prohibited contact merely to obtain further evidence unless advised that it is safe to do so.

Stalking Is Also a Criminal Offence

Stalking offences were added to the Protection from Harassment Act 1997 in 2012.

The legislation includes:

• an offence of stalking; and
• a more serious offence where stalking causes fear of violence or serious alarm or distress that has a substantial adverse effect on the victim's usual day-to-day activities.

Depending on the conduct, other possible offences may include:

• harassment;
• threats to kill;
• assault;
• criminal damage;
• controlling or coercive behaviour;
• malicious communications;
• computer misuse;
• blackmail;
• intimate-image offences; or
• breach of another protective order.

What Is a Substantial Adverse Effect?

Serious alarm or distress may have a substantial adverse effect where the victim changes their ordinary life because of the stalking.

Examples may include:

• changing routes to work;
• stopping social activities;
• moving home;
• changing employment;
• installing additional security;
• avoiding leaving home alone;
• changing telephone numbers or online accounts; or
• suffering a serious deterioration in physical or mental health.

The prosecution should consider the cumulative effect of the conduct rather than viewing each incident in isolation.

SPOs and Criminal Proceedings

An SPO does not replace a criminal investigation or prosecution.

The police may seek an order while investigating whether a criminal offence has been committed.

A person may therefore be:

• subject to an SPO;
• investigated for stalking or another offence; and
• subsequently prosecuted for the underlying conduct or a breach of the order.

A criminal court may also make a restraining order where protection is required following a prosecution.

Orders Following Conviction or Acquittal

The Crime and Policing Act 2026 expands the circumstances in which an SPO can be made.

The Act provides powers allowing a criminal court to impose an SPO when dealing with an offender following conviction.

It also provides for an SPO to be made following acquittal where the statutory conditions are satisfied on the balance of probabilities and the order is necessary to protect another person from a stalking risk.

These powers are intended to avoid the need for the police to begin a separate application in the magistrates' court after criminal proceedings have concluded.

The practical availability of individual provisions may depend on commencement regulations and supporting arrangements.

SPO or Restraining Order?

An SPO and a restraining order can both restrict contact and protect a victim, but they arise through different procedures.

An SPO is specifically intended to address stalking risk and can include positive requirements designed to manage the subject's behaviour.

A restraining order is made through criminal proceedings and may be imposed following conviction or, in suitable circumstances, acquittal.

The appropriate order will depend on:

• the stage reached by the investigation;
• whether criminal proceedings have taken place;
• the nature of the risk;
• the restrictions required; and
• whether positive behavioural requirements are needed.

Keeping Evidence

Victims should keep a record of incidents where it is safe to do so.

Useful evidence may include:

• a diary recording dates, times and locations;
• text messages, emails and social-media communications;
• telephone and voicemail records;
• photographs and video recordings;
• doorbell or security-camera footage;
• details of unwanted gifts or deliveries;
• vehicle registration numbers;
• names of witnesses;
• medical records;
• evidence of changes to work or daily routines; and
• previous police reference numbers.

Keep original messages and devices where possible rather than relying only on screenshots.

Do not place yourself at further risk by collecting evidence, following the person or confronting them.

Online and Technology-Facilitated Stalking

Stalking increasingly involves technology.

An offender may use:

• social-media accounts;
• shared passwords;
• location services;
• smart-home devices;
• vehicle-tracking systems;
• hidden cameras;
• spyware;
• Bluetooth tracking devices;
• multiple online identities; or
• information obtained from friends or relatives.

Changing passwords, enabling two-step verification and reviewing location-sharing settings may help.

However, sudden changes can sometimes alert the stalker or cause the behaviour to escalate. A specialist stalking service can assist with safety planning before accounts or devices are altered.

Reporting Stalking

Contact the police if you believe that you are being stalked.

Explain the pattern of behaviour rather than describing each event as an isolated incident.

Make clear if:

• the behaviour is becoming more frequent or serious;
• threats have been made;
• the person has access to weapons;
• there has been physical violence;
• previous restrictions have been breached;
• children or relatives are being contacted;
• tracking or surveillance is involved; or
• the person knows where you live or work.

Ask for the incident or crime reference number and retain it with your records.

Immediate Danger

Call 999 if there is an immediate danger, the suspect is nearby, or a crime is taking place.

Where it is unsafe to speak during a mobile 999 call, listen to the operator's instructions and press 55 when prompted. The Silent Solution does not operate simply because no one speaks, so callers should follow the instructions provided.

What if the Police Do Not Take Action?

A victim who believes the response is inadequate may:

• ask to speak to a supervising officer;
• provide a written chronology;
• ask whether an SPO or interim SPO has been considered;
• request that connected incidents are recorded together;
• ask for the risk assessment to be reviewed;
• contact a specialist stalking advocate;
• make a formal complaint; or
• obtain legal advice.

Where a decision is made not to prosecute, the victim may have rights under the Victims' Right to Review scheme, depending on the decision-maker and the stage reached.

Support From the National Stalking Helpline

The National Stalking Helpline is operated by the Suzy Lamplugh Trust and provides specialist information and advice to victims.

The helpline can be contacted on 0808 802 0300.

The service can help victims:

• recognise stalking behaviour;
• prepare a chronology;
• consider practical safety measures;
• communicate with the police;
• understand protective orders; and
• identify further legal or specialist support.

Further Changes to Stalking Law

The Crime and Policing Act 2026 contains measures intended to strengthen the response to stalking.

These include:

• widening the circumstances in which SPOs can be made;
• allowing criminal courts to impose SPOs following conviction or acquittal;
• confirming the use of the civil standard of proof;
• providing for multi-agency statutory guidance on identifying and responding to stalking; and
• providing for police guidance on disclosing identifying information about an anonymous stalker where necessary to protect a victim.

The new disclosure framework does not create an unrestricted right to all information held by the police. Decisions will still need to consider safety, accuracy, criminal investigations, data protection and the rights of those involved.

Advice for a Person Subject to an SPO

A person served with an interim or full SPO should read every restriction and requirement carefully.

They should not assume that indirect contact through another person, a new account or an anonymous profile is permitted.

Legal advice may be needed concerning:

• the original application;
• the evidence relied upon;
• the terms of the order;
• a proposed variation or discharge;
• compliance with positive requirements; or
• an allegation that the order has been breached.

Ignoring the order can result in arrest, prosecution and imprisonment.

Getting Legal Advice

A criminal law solicitor can advise a person accused of stalking, harassment or breaching a protective order.

A solicitor assisting a victim may advise on:

• protective injunctions;
• restraining orders;
• evidence preservation;
• police complaints;
• Victims’ Right to Review applications;
• online stalking;
• domestic abuse proceedings; and
• related family or housing issues.

Early reporting and specialist support can be important because stalking behaviour may become more frequent or serious over time.

Finding a Stalking or Harassment Solicitor

Use the search facility at the top of this page to find a solicitor experienced in stalking, harassment, criminal law, domestic abuse or protective injunctions.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. This page provides general information about the law in England and Wales. Different legislation applies in Scotland and Northern Ireland, and the legal position will depend on the circumstances of each case.

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