Restraining orders and injunctions — the criminal court route to protection

REVIEWED BY: Sean McNamara on 2026-08-29

Civil vs criminal protection — the two routes

| Route | Court | Who starts | What it does | |-------|-------|-----------|-------------| | Non-molestation order | Family court | You apply (FL401) | Prohibits harassment/contact | | Restraining order | Criminal court | Police/CPS after charges | Prohibits specified conduct post-charge | | DVPO | Magistrates' court | Police (no charge needed) | 28-day emergency removal of abuser |

You can have all three running at once. Each protects you differently.

Restraining orders explained

A restraining order is made by a criminal court after someone has been charged or convicted of an offence. It can:

Prohibit the offender from contacting you
Prevent them from going to your home, workplace, or children's school
Prevent them from using social media to contact you
Last for a specified period or until further order

When police/CPS apply for one

After someone is charged with an offence against you (assault, harassment, coercive control)
When someone is acquitted but the court believes an order is still needed for safety
After a conviction at sentencing

Breach

A criminal offence under the Protection from Harassment Act 1997
Maximum penalty: 5 years' imprisonment
Report breach to 999 (police arrest on the spot if the order is proven and served)

How to ask the police/CPS for one

Tell the investigating officer you want a restraining order as part of any charge
Tell the CPS prosecutor at court — they can apply at sentencing
If the CPS refuses and you think it's needed, you can apply to the family court for a non-molestation order instead (this is your backup)

DVPO / DVPN (the police emergency route)

DVPN (Domestic Violence Protection Notice): police issue it themselves — removes the abuser from the home for 48 hours without a court hearing
DVPO (Domestic Violence Protection Order): a magistrates' court then extends it up to 28 days
Purpose: emergency breathing space while you apply for a non-molestation order (FL401)
Available in all police forces in England and Wales

Official links

gov.uk restraining orders: https://www.gov.uk/restraining-orders
DVPOs: https://www.gov.uk/domestic-violence-protection-orders
FL401: https://www.gov.uk/injunction-domestic-violence

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS, the police or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.