What is a Stalking Protection Order (SPO)?
A Stalking Protection Order (SPO) is a legal tool designed to protect individuals from stalking and harassment in the UK. Introduced under the Stalking Protection Act 2019, SPOs are civil orders that aim to prevent stalking behaviour before it escalates into more serious harm. They provide swift protection for victims, whether or not there is a close relationship between the person at risk and the alleged stalker.
The primary purpose of an SPO is to offer early intervention. This means the court can put restrictions in place to stop stalking activities as soon as there is evidence of concerning behaviour, without waiting for a criminal conviction. SPOs can include conditions such as prohibiting the stalker from contacting the victim, going near their home or workplace, or using social media to communicate with them.
SPOs are typically applied for by the police, rather than individuals themselves. If you believe you are being stalked, you should report your concerns to the police, who can then investigate and, if appropriate, apply to the magistrates’ court for an order on your behalf. The court will consider the evidence of stalking or harassment and decide whether an SPO is necessary to protect you or anyone else at risk.
It is important to understand the difference between an SPO and other forms of legal protection, such as harassment injunctions. While both are designed to protect individuals from unwanted behaviour, harassment injunctions are usually sought by individuals through the civil courts, often in cases involving domestic abuse or ongoing disputes. By contrast, SPOs are focused specifically on stalking and are initiated by the police, making them particularly useful in situations where the victim may not feel able to take legal action themselves.
The court plays a central role in issuing an SPO. It must be satisfied, based on the evidence presented, that the person has carried out acts associated with stalking and that there is a need to protect the victim or others from further harm. The order can last for a fixed period or indefinitely, depending on the circumstances, and breaching an SPO is a criminal offence that can lead to arrest and prosecution.
If you want to learn more about the behaviours that SPOs are designed to address, you can read about stalking and harassment for further guidance and examples. Understanding your legal options is an important step in staying safe and knowing when to seek help.
How to Apply for a Stalking Protection Order
How to Apply for a Stalking Protection Order
If you are experiencing stalking, a Stalking Protection Order (SPO) can offer vital legal protection. Here’s what you need to know about the application process, the role of the police, the evidence you’ll need, and what to expect at court.
Step 1: Reporting Stalking
Before an SPO can be considered, it is essential to report the stalking to the police. This is the crucial first step, as the police are responsible for investigating the situation and, in most cases, applying for the order on your behalf. If you’re unsure where to start, you can find detailed guidance on how to report stalking.
Step 2: Police Investigation and Support
Once you have reported the stalking, the police will begin an investigation. Their role is to gather evidence, assess the risk, and decide whether an SPO is necessary to protect you. The police may:
- Interview you and any witnesses
- Collect messages, emails, or other records of unwanted contact
- Gather CCTV footage or other relevant evidence
The police will also keep you informed throughout the process and offer advice on how to stay safe.
Step 3: Applying for an SPO
In England and Wales, only the police can apply for a Stalking Protection Order. You cannot apply directly to the court yourself. The police will prepare the application, which includes:
- A summary of the stalking behaviour
- Evidence collected during their investigation
- An explanation of why the SPO is needed for your protection
The application is then submitted to the magistrates’ court.
Step 4: Evidence Required
To support an SPO application, the following types of evidence are often helpful:
- Records of unwanted contact (texts, emails, social media messages)
- Details of any threats or intimidating behaviour
- Photographs, screenshots, or audio recordings
- Statements from you and any witnesses
- Medical reports or evidence of emotional distress, if available
It’s important to keep a log of incidents, noting dates, times, and what happened. This can strengthen the case for an SPO.
Step 5: The Court Hearing
After the application is submitted, a court hearing will be scheduled. You may be asked to attend, but the police will present the case. At the hearing, the magistrates will consider the evidence and decide whether an SPO is necessary. They can:
- Grant the SPO, setting out what the respondent (the person accused of stalking) must not do
- Refuse the application if the evidence is insufficient
- Make an interim order for immediate protection until a full hearing can take place
If an SPO is granted, it can include restrictions such as banning the respondent from contacting you or visiting certain places. Breaching an SPO is a criminal offence and can lead to arrest.
Applying for a Stalking Protection Order can feel daunting, but the police are there to support you every step of the way. For more information about the process and your options, see our guidance on how to report stalking.
Protections and Restrictions under a Stalking Protection Order
Protections and Restrictions under a Stalking Protection Order
A Stalking Protection Order (SPO) is a legal tool designed to help keep victims safe from stalking and prevent further harassment. SPOs are issued by magistrates’ courts and can include a range of restrictions and requirements aimed at stopping the unwanted behaviour.
Types of Restrictions an SPO Can Impose
An SPO can place various restrictions on the person suspected of stalking (the respondent). These restrictions are tailored to the specific circumstances of the case, but commonly include:
- No Contact Orders: The respondent may be prohibited from contacting the victim directly or indirectly. This includes phone calls, messages, emails, social media, or asking someone else to make contact on their behalf.
- Exclusion Zones: The order can require the respondent to stay away from certain places, such as the victim’s home, workplace, or other locations they regularly visit.
- Restrictions on Behaviour: The SPO may ban the respondent from following, watching, or approaching the victim, or from engaging in any behaviour that could be considered stalking or harassment.
- Internet and Social Media Restrictions: The respondent might be stopped from posting about the victim online or using specific websites to monitor or contact them.
- Other Requirements: In some cases, the court can require the respondent to attend counselling or treatment programmes if it is believed this would help prevent further stalking.
The specific conditions will depend on what the court believes is necessary to protect the victim and prevent further harm. For a full list of possible restrictions and legal details, you can refer to the Stalking Protection Order (SPO) 2020.
Duration and Changes to an SPO
An SPO can last for a fixed period (for example, one or two years) or indefinitely, depending on the circumstances. The court will decide the length of the order based on the risk to the victim.
If circumstances change, either the victim, the police, or the respondent can apply to the court to vary (change), renew (extend), or discharge (end) the order. For example, if the risk increases, the conditions of the SPO can be made stricter or the order can be extended.
How SPOs Keep Victims Safe
SPOs are designed to intervene early and prevent stalking from escalating. By setting clear boundaries and legal restrictions, SPOs:
- Deter further stalking or harassment by making consequences clear.
- Give victims peace of mind and practical protection.
- Allow police to act quickly if the order is breached, even if no criminal offence has yet been committed.
The court can make an SPO even if the stalker has not been convicted of a crime, making it a proactive measure to protect victims.
What Happens if an SPO Is Breached?
Breaching an SPO is a criminal offence. If the respondent does not follow the terms of the order, they can be arrested and prosecuted. The penalties for breaching an SPO can include a fine, imprisonment, or both, depending on the seriousness of the breach.
If you believe an SPO has been breached, it is important to report it to the police immediately. The police have the power to arrest someone who breaks the conditions of an SPO, ensuring swift action to keep the victim safe. For more details on the legal consequences of a breach of a Stalking Protection Order, you can visit the Crown Prosecution Service guidance.
SPOs are a vital part of the legal protections available to victims of stalking in the UK. They work alongside other legal options to ensure those at risk receive the support and protection they need. If you are experiencing stalking, understanding how these orders work can help you take steps to stay safe.
Differences Between Stalking Protection Orders and Other Legal Measures
When seeking legal protection from stalking or harassment, it’s important to understand the differences between a Stalking Protection Order (SPO) and other types of court orders. Each measure is designed for specific situations, and knowing which one applies can help you get the right support and protection.
Stalking Protection Orders vs. Harassment Injunctions
Stalking Protection Orders (SPOs) are civil orders introduced specifically to address stalking behaviours, often before a criminal conviction has been secured. SPOs can be applied for by the police to protect victims quickly, even if the stalker has not been charged with a crime. They are particularly useful in cases where there is evidence of stalking but not enough for prosecution, or where immediate intervention is needed to prevent further harm.
In contrast, harassment injunctions are broader legal tools that can be sought by individuals who are experiencing harassment, not limited to stalking. These injunctions are granted under the Protection from Harassment Act 1997, which covers a wider range of unwanted behaviours, including persistent unwanted contact, threats, or intimidation. Harassment injunctions can be used in various contexts, such as disputes between neighbours, former partners, or colleagues.
Other Court Orders: Neighbour and Workplace Harassment
While SPOs are targeted at stalking, other legal measures are available for specific types of harassment. For example, if you are experiencing ongoing issues with a neighbour, you might consider legal protection against neighbour harassment, which often involves civil injunctions or restraining orders tailored to neighbour disputes. Similarly, if harassment occurs in the workplace, different laws and procedures apply – learn more about your rights regarding workplace harassment.
When Is an SPO More Appropriate?
An SPO is most appropriate when stalking is the main issue, particularly if the police are involved and there is a need for urgent protection. SPOs are designed to impose restrictions on the suspected stalker, such as prohibiting contact or requiring them to stay away from certain places, even if the case has not yet gone to court. This makes them especially useful for victims who need immediate safety measures but may not have the evidence required for a criminal conviction or a broader harassment injunction.
On the other hand, if the harassment does not meet the legal definition of stalking, or if it arises from neighbourly disputes or workplace issues, other legal options – like harassment injunctions or employment tribunal claims – may be more suitable.
Related Legal Protections Against Harassment
The law recognises that harassment can take many forms and occur in different settings. The Protection from Harassment Act 1997 underpins many of these protections, offering remedies through the courts for individuals facing harassment, whether from acquaintances, neighbours, or colleagues. Depending on your circumstances, you may also consider specific routes for legal protection against neighbour harassment or seek advice about workplace harassment.
In summary, while SPOs are a powerful tool for tackling stalking, other legal measures exist for different types of harassment. Understanding these differences can help you choose the right option for your situation and ensure you receive the protection you need. If you’re unsure which order applies to your case, consider seeking legal advice or exploring the linked resources for more detailed guidance.
Support and Additional Resources for Victims of Stalking
If you are experiencing stalking, it is important to know that you are not alone and support is available. Victims of stalking can access a range of services for immediate help, ongoing advice, and practical assistance.
Where to Get Help and Advice
If you feel threatened or in danger, contact the police immediately. For non-emergency situations, you can seek guidance from local support services, your GP, or specialist organisations that assist victims of stalking and harassment. These services can offer emotional support, help you understand your rights, and guide you through the process of applying for a Stalking Protection Order (SPO).
Financial, Housing, and Other Assistance
Stalking can sometimes force victims to leave their home or disrupt their financial situation. If you are in this position, you may be eligible for financial and housing assistance for abuse victims. This support can include emergency accommodation, help with securing a new tenancy, or access to benefits. Specialist advisers can also help you understand your options and make applications for support.
Safe Accommodation and Support Services
If you need to leave your home to escape stalking, safe accommodation is available through a range of services. Refuges and emergency shelters offer a secure environment, while outreach workers can help you with safety planning and relocation. Many organisations also provide counselling, advocacy, and practical support to help you rebuild your life and regain your independence.
Accessing Further Support
In addition to legal protections like SPOs, victims of stalking can benefit from ongoing safety planning and emotional support. Trained professionals can help you assess risk, understand your legal options, and connect you with relevant services. Remember, reaching out for help is a vital step towards ensuring your safety and wellbeing.
If you need more information about your rights or the support available, consider exploring the resources linked above. Taking action early can make a significant difference in protecting yourself and accessing the help you need.
