Stalking Protection Orders

When can an SPO be issued? 

An SPO can be made in a wide range of situations. It doesn’t matter if you have no previous convictions or if the alleged stalking is happening within a domestic relationship or involves someone you barely know.  

Police may seek an SPO if: 

• Acts of Stalking: They believe you have done things that could be seen as stalking. Stalking isn’t always about violent behaviour – it can include any pattern of unwanted attention (for example, repeatedly following someone, contacting them incessantly or showing up at places they frequent). 
• Risk to Someone’s Safety or Wellbeing: They think you pose a risk to another person’s physical or mental safety. The risk might be of physical harm, emotional distress or even damage to property. 
• Need for Protection: They have reasonable cause to believe an order is necessary to protect that person from stalking. Essentially, they’re convinced that without an SPO, the individual could be in danger or suffer harm. 

Even if any single act on its own seemed minor or harmless, it can still count as stalking if all the actions together cause fear or distress. The law recognises that stalking can be a pattern of behaviour that escalates over time, so it aims to step in early. SPOs are even available for situations involving youths (ages 10–18), meaning they can be applied to adolescents who exhibit stalking behaviour. 

If the court agrees to make an SPO, the order will be “served” (formally given) to you. You will also receive information on how to appeal it (challenge it) if you disagree, and clear details of what you must do to comply, including required notifications (explained below). 

What does a Stalking Protection Order require you to do? 

Every SPO will include certain rules that you must follow. These can be a mix of things you cannot do (“prohibitions”) and things you must do (“requirements”). The exact conditions are tailored to the situation, but common examples include: 

• No Contact: You might be forbidden from contacting a particular person in any way – this means no phone calls, texts, emails, social media messages, or asking someone else to pass along a message. 
• Stay Away from Certain Places: You could be required to stay away from specific areas or locations, such as the street where the person lives, their workplace, or places they are known to visit regularly. 
• Physical Distance: In some cases, an order might say you must keep a certain distance (for example, not coming within 100 metres) from the person or their home. 
• Regular Check-Ins: You may need to sign in at a police station on a set schedule (for instance, once a week) so the authorities know you are complying with the order. 
• Provide Personal Details: By law, if you’re under an SPO, you must inform the police of your current name and address within 3 days of the order being made. If you change your address or name later, you must update the police within 3 days of the change. This ensures the police can keep track of your whereabouts while the order is in effect. 
• Allow access to social media accounts: In some situations, you might be told to give the police access to your social media accounts or electronic devices. This condition is less common, but it can be used if online harassment is part of the issue. 
• Attend Programmes: An SPO can also include requirements to attend certain programmes or appointments, such as a mental health evaluation or a drug/alcohol treatment programme, if the police believe this could help address underlying problems related to the concerning behaviour. 

The police will request whatever conditions they feel are necessary to best protect the person who feels harassed and to prevent future issues. Some conditions are there not just to protect the other person, but also to help you avoid getting into further trouble (for example, getting support for substance misuse if that is a factor). 

How long does an SPO last? 

Stalking Protection Orders typically last for a fixed period (at least 2 years) decided by the court, unless the court specifies that it’s indefinite. The exact duration will be written in the order. There may be a review before it ends, and in some cases the police might apply to extend it if they believe the risk is still present. 

What happens if you breach an SPO? 

It’s very important to follow all the rules in an SPO if one is made against you. Breaching any part of an SPO is taken seriously. If you fail to obey the order, you are committing a criminal offence. The police can arrest you if they suspect you have breached the SPO. After investigation, you could be charged with breaching the order. This would be a separate matter from any stalking allegations and would be handled in a criminal court. The consequences for breaching an SPO can be severe. The maximum penalty is up to 5 years in prison. Lesser penalties could include a shorter jail term, a fine, or both, depending on the circumstances and how serious the breach was. 

Even if you didn’t mean to break the order (for example, you accidentally ran into the protected person at the supermarket), it can still count as a breach. That’s why it’s crucial to be extremely careful to stick to all conditions and get legal advice if anything isn’t clear. 

An SPO is not a punishment for a crime; it’s a preventative measure. But once it’s in place, the law expects strict compliance. If you find any part of the order confusing or hard to follow, you should discuss this with your solicitor so they can help you understand it fully or even ask the court for clarification. 

Can you oppose or change an SPO? 

Yes. When the police apply for an SPO, you have the right to attend a court hearing to oppose it (in other words, to argue why it shouldn’t be made, or why it should have different terms).  

The application for the SPO will be made at the Magistrates’ Court and you should receive notice of the hearing date. 

We can represent you at that hearing. One of our specialist solicitors can present your side of the story, submit evidence and make arguments to the court on your behalf. 

If you do not agree with the need for an SPO at all, we can contest the order entirely. Alternatively, you might accept that an order is necessary but feel that certain terms are too strict or not appropriate – you can contest those specific conditions. 

During the hearing, the magistrates will listen to the police and to you/your solicitor. They will decide whether the legal criteria for the SPO are met and what conditions the order should include. 

If you choose not to oppose the application (for instance if you agree to the order or do not attend the hearing), the court can make the SPO without a full hearing. In fact, uncontested applications might be dealt with “administratively,” meaning on paper by the court staff and magistrate, without you having to be present. 

Even after an SPO is made, if circumstances change or you believe the order is no longer needed you can ask the court later on to vary (change) or discharge (cancel) the order. You would typically do this through a legal application, and it’s wise to get legal advice before attempting it. 

How we can help you 

Facing a potential Stalking Protection Order can be overwhelming, but you don’t have to go through it alone. Our experienced solicitors are here to support and guide you every step of the way. We take a friendly, non-judgemental approach and will do everything we can to protect your rights and ease your concerns.  

 It’s important for us to understand your situation fully – how the allegations arose, what contact you’ve had with the other person and any concerns you have. This conversation is confidential and judgement-free. We will explain all the legal options available to you in plain English. If you’re not sure why an SPO is being sought or what it implies, we’ll break it down and answer any questions you have. 

Our team can communicate with the police on your behalf. This includes speaking with the police force’s legal department to stay updated on the progress of their SPO application. You won’t have to face this process on your own or make tough phone calls without support. 

We will request and carefully review the application and any supporting evidence the police have for the SPO. This might include statements, incident logs or other documents. We’ll go through everything with a fine-tooth comb and discuss it with you, so we can identify the best way to respond. 

Depending on what we find and your instructions, we can help you decide whether to contest the SPO or any of its proposed terms. If there are certain conditions you find particularly difficult (for example, if a restriction on visiting a certain area would affect your job or family life), we can focus on those in negotiations or in court. 

In some cases, it may be possible to reach an agreement with the police before the court hearing. For instance, you might be willing to accept an order if one condition is made less strict. We can negotiate with the police to see if both sides can agree on a set of fair conditions. This could make the court process smoother and show the magistrates that you are cooperative. 

If the matter goes to a hearing, we will represent you in court. One of our specialist solicitors will put forward strong arguments as to why an order should not be made (if you’re opposing it entirely) or why certain conditions are unnecessary. We’ll make sure your voice is heard and that the magistrates see your perspective.We’ll challenge any evidence that seems unfair or misleading and highlight any inconsistencies. If an SPO is granted, we will explain the outcome clearly and ensure you understand every condition you must follow. We can also give practical advice to help avoid any unintentional breaches. And if you later wish to apply to change or end the order we can assist with that too. 

Our priority is to achieve the best possible outcome for you. In some cases, that might mean preventing an order altogether; in others, it could mean getting an order but with terms that you can manage without hardship. Every situation is different, and we tailor our approach to your needs. 

Contact us for support 

Above all, we want you to know that help is available. Legal processes can be intimidating, but with the right support, you can get through them. If you’re facing a Stalking Protection Order please contact us. Our team of approachable, specialist solicitors will be happy to talk through your situation and advise on the next steps. We handle all enquiries with the utmost confidentiality and sensitivity. 

Please contact our specialist team on 0161 834 1515, by email to info@olliers.com or complete the form below.