Skip to main content

Restraining Order Reporting

Restraining orders can follow a conviction, or — unusually — an acquittal. This guide covers the Protection from Harassment Act 1997 framework, naming rules for the protected person, and the contempt risk that arises when reporting an alleged breach.

Last reviewed: Next review due:

Jurisdiction note: This guide covers England and Wales. Scotland uses non-harassment orders under its own procedure; Northern Ireland has separate legislation. See Scotland media law guide and Northern Ireland media law guide.

What a restraining order does

A restraining order is a civil-style protective order made in the criminal courts, prohibiting a person from doing specified things — commonly contacting a named individual, entering a defined area, or using particular means of communication — for the purpose of protecting that individual from harassment or fear of violence. It is an ancillary order: separate from, and imposed in addition to, any sentence.

Restraining orders originate in the Protection from Harassment Act 1997, but the procedure for making one on conviction is now largely governed by the Sentencing Code, consolidated in the Sentencing Act 2020. Breaching a restraining order — of either kind — is itself a criminal offence, which is why accurate reporting of the order's existence and terms matters: readers, and sometimes the protected person themselves, rely on public reporting to understand what is and is not permitted.

Restraining orders made on conviction

Where a defendant is convicted of any offence — not only a harassment-specific offence — the court can make a restraining order under Sentencing Code powers (Sentencing Act 2020, s.360) if it considers one necessary to protect a named person from conduct amounting to harassment, or which will cause fear of violence. This means a restraining order can accompany a conviction for assault, stalking, malicious communications, or a wide range of other offences, not just harassment itself.

  • The order is made at sentencing, alongside the sentence for the offence itself.
  • Its terms must be specific enough to be enforceable — vague prohibitions ("do not harass") are avoided in favour of precise conditions (do not contact, do not enter a named street or building).
  • The order can be varied or discharged on application by either the defendant or the protected person.
  • A breach is a new offence, charged and reported separately from the original case.

Restraining orders made on acquittal — s.5A PHA 1997

Less familiar, and easy to report inaccurately, is the power under s.5A of the Protection from Harassment Act 1997 to make a restraining order even where a defendant is acquitted. Parliament inserted this power because a criminal trial can surface evidence that, while falling short of proof beyond reasonable doubt of the specific offence charged, still satisfies the court that protective conditions are necessary.

Reporting an acquittal-plus-order case

  • Report the acquittal clearly and prominently — do not bury a not-guilty verdict beneath the fact an order was made
  • Do not imply the order is a lesser form of conviction, or that it establishes guilt of the offence charged
  • Explain, briefly, that the law allows a protective order despite an acquittal — readers will otherwise assume the two outcomes are contradictory
  • Attribute the court's stated reasons for the order, rather than speculating about why it was made

Naming rules for the protected person

There is no automatic reporting restriction protecting the identity of a person a restraining order is made to protect — this is different from, for example, the lifetime anonymity automatically given to sexual offence complainants. That said, restraining order cases frequently arise from domestic abuse, stalking, or coercive control, where naming the protected person can carry real safety implications even if it is not legally prohibited.

The Court of Appeal held that repeated hostile press coverage of an individual could constitute harassment under the Protection from Harassment Act 1997. Established that the PHA can be engaged by press activity, subject to a public-interest defence.
Thomas v News Group Newspapers Ltd[2001] EWCA Civ 1233Court of AppealCase brief →BAILII

Before naming a protected person, check whether any separate order is in force — for instance, a s.45 Youth Justice and Criminal Evidence Act 1999 order if they are under 18, or a specific court direction — and consider whether the story genuinely requires identifying them, or whether the case can be reported fully without doing so.

Contempt risk when reporting an alleged breach

Breaching a restraining order — whether made on conviction or on acquittal — is a separate criminal offence, carrying its own charge, hearing, and potential sentence. The moment someone is charged with a breach, proceedings become active for the purposes of the Contempt of Court Act 1981, and the strict liability rule applies to reporting of that breach case in the usual way.

“The strict liability rule applies only to a publication which creates a substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced.”
Contempt of Court Act 1981, s.2 — Limitation of scope of strict liabilitylegislation.gov.ukE+W+S+NI

In practice, this means: you can report that a person has been charged with breaching a restraining order, and the basic facts of the charge, but you should be cautious about republishing extensive detail of the original underlying conduct in a way that goes beyond the public record and risks prejudicing the breach trial — particularly if the breach case will be heard by a jury.

See our contempt and active proceedings guide and harassment law guide for the wider legal framework.

Restraining order reporting checklist

  • I have correctly identified whether the order was made on conviction (Sentencing Code s.360) or on acquittal (PHA 1997 s.5A).
  • Where the defendant was acquitted, my report states the acquittal clearly and does not imply a finding of guilt.
  • I have checked whether any restriction applies to naming the protected person before doing so.
  • I have reported the specific terms of the order accurately, rather than a general description of "a restraining order".
  • If reporting an alleged breach, I have treated the breach case as active proceedings and avoided prejudicial detail.
  • I have noted the duration of the order (fixed term or indefinite) rather than assuming a standard length.

Related guides

Reporting Sentencing Remarks
Ancillary orders, including restraining orders, are often addressed in sentencing remarks.
Harassment of Journalists
The Protection from Harassment Act 1997 from the journalist's own perspective.
Contempt: Active Proceedings
The strict liability rule that applies once a breach charge is active.
Bail Hearing Reporting
Reporting the earlier stages of a case that may later produce a restraining order.

Primary sources

Frequently asked questions

Can a restraining order be made even if the defendant is acquitted?
Yes. Section 5A of the Protection from Harassment Act 1997 allows a court to make a restraining order on acquittal where it considers it necessary to protect a named person from harassment, even though the defendant has not been convicted of any offence. This is unusual in English law — an order restricting a person's conduct despite a not-guilty verdict — and is worth explaining clearly to readers rather than glossing over.
What is the difference between a restraining order made on conviction and one made on acquittal?
A restraining order made on conviction follows a finding of guilt and is now made under the sentencing powers consolidated in the Sentencing Code (Sentencing Act 2020), s.360, alongside or in addition to the sentence for the offence. A restraining order made on acquittal, under s.5A of the Protection from Harassment Act 1997, follows a not-guilty verdict but reflects the court's assessment that an order is still necessary to protect a named individual.
Can I name the person protected by a restraining order?
There is no automatic anonymity for a person protected by a restraining order simply because the order exists — unlike, for example, a sexual offence complainant. However, many restraining order cases arise from domestic abuse or stalking, and other restrictions (such as a s.46 Youth Justice and Criminal Evidence Act 1999 order, or an application under the general open justice discretion) may separately apply. Check whether any specific order is in force before naming the protected person, and consider the safety implications of doing so even where it is technically lawful.
What is the contempt risk when reporting an alleged breach of a restraining order?
A breach of a restraining order is a criminal offence in its own right. Once someone has been charged with breaching an order, active proceedings begin and the strict liability rule under the Contempt of Court Act 1981 applies in the usual way — you should not publish material that creates a substantial risk of seriously prejudicing that breach prosecution, including detail of the original underlying conduct beyond what is already a matter of public record from the original case.
Do restraining orders have a fixed duration?
A restraining order can be made for a fixed period or until further order, and can in principle last indefinitely. Courts are expected to specify a duration or state clearly that the order is indefinite. This matters for accurate reporting — do not assume an order automatically expires after a standard period without checking what the court actually ordered.

Related guides

Media LawContempt: Active ProceedingsRead →Media LawHarassment of JournalistsRead →Court ReportingReporting Sentencing RemarksRead →Court ReportingBail Hearing ReportingRead →Court ReportingConfiscation Orders & POCA ReportingRead →BeatsCourt & Justice Reporting BeatRead →

Primary sources

Not legal advice. This guide is for educational purposes. Consult a qualified media lawyer before making publication decisions in legally sensitive situations.