Stalking Protection Orders – SPOs: What They Are and What You Should Know

Stalking Protection Orders (SPOs) are civil court orders introduced under the Stalking Protection Act 2019. They are designed to offer early protection from stalking behaviours, even before a criminal charge or conviction has been brought.

This article explains how SPOs work, what types of behaviour they cover, and what you should do if you are seeking protection or have been notified of an SPO application against you. It is intended to provide general information to help individuals understand the legal framework and take the appropriate next steps.

What Is a Stalking Protection Order?

A Stalking Protection Order is a civil court order made by a magistrates’ court, following an application by the police. SPOs are used to restrict the behaviour of someone who is suspected of engaging in stalking and who is believed to pose a risk of further harm.

Although an SPO is not a criminal conviction, breaching the order is a criminal offence. A breach can result in arrest, prosecution, and a custodial sentence of up to five years.

What Behaviours Are Considered “Acts Associated With Stalking”?

The court must be satisfied that the defendant has engaged in acts associated with stalking. These behaviours may not be criminal offences in themselves, but they form a pattern of unwanted and intrusive conduct that causes the complainant to feel alarmed, distressed, or fearful.

Examples of acts commonly associated with stalking include:

• Repeated, unwanted calls, messages, or emails
• Following someone or watching their movements
• Turning up uninvited at someone’s home, workplace, or social events
• Monitoring social media activity or using tracking devices
• Sending unwanted gifts or notes
• Loitering near someone’s home or workplace
• Gathering information about someone from others without their consent
• Using surveillance tools or technology to observe or contact someone

This behaviour is typically persistent, unwanted, and often involves a degree of fixation or obsession. The police and court assess the totality of the conduct, not isolated incidents.

What Does It Mean to “Pose a Risk of Stalking”?

To make an SPO, the court must also be satisfied that the defendant poses a risk of stalking to the complainant. This involves evaluating whether there is a real possibility that the behaviour could continue or escalate.

Factors that may indicate risk include:

• Evidence of persistent or escalating conduct
• Refusal to respect boundaries or respond to warnings
• Obsessive or fixated behaviour
• A pattern of control, monitoring, or intimidation
• Emotional or psychological harm to the complainant
• Prior incidents of harassment or protective orders

This assessment is made on the balance of probabilities, not beyond reasonable doubt. The focus is on prevention—intervening before further harm occurs.

When Is an SPO “Necessary to Protect” the Complainant?

The third requirement is that the order is necessary to protect the complainant from that risk. This is a judgement call for the court, which must consider whether the order will provide meaningful protection and whether it is proportionate.

Relevant considerations include:

• Whether the complainant is experiencing ongoing distress or fear
• Whether alternative, informal measures would be insufficient
• The suitability and fairness of the proposed restrictions
• The expected duration of the order
• The broader impact on the rights of both parties

Each order is tailored to the facts of the case. An SPO can last for a minimum of two years and may be extended or varied.

If You Are Seeking Protection from Stalking

Although SPOs can only be applied for by the police, members of the public who believe they are being stalked should report their concerns without delay.

What to do:

1. Contact the police and provide full details of the conduct, including dates, times, messages, photos, and witness names.
2. Keep a clear, chronological record of the events and how they have affected you.

In addition, it is strongly recommended that you seek advice from a solicitor with experience in criminal law or protective orders. A solicitor can help you:

• Present your concerns in a structured and persuasive way
• Draft a formal statement or summary to support the police application
• Provide early legal guidance if the case proceeds to court

Although the police must apply for the order, professional legal support can improve how your case is understood and progressed.

If You Have Received Notice of an SPO Application

If you receive notice that an SPO application is being made against you, it is essential to take the matter seriously. While it is a civil order, it can restrict your movement, contact, online activity, and even where you live or work.

Immediate steps you should take:

• Do not contact the complainant. Any communication, direct or indirect, could be interpreted as further stalking.
• Do not ignore the notice. Attend the court hearing and obtain legal representation.
• Contact a criminal defence solicitor as soon as possible.

A solicitor can help you:

• Understand the allegations and legal test
• Gather evidence or witnesses to support your case
• Attend and represent you at the hearing
• Challenge or limit the terms of the order where appropriate
• Advise you on how to comply with any conditions if an order is made

Even though SPOs are civil in nature, breaching them is a criminal offence, and the consequences can be significant.

What Happens If an SPO Is Breached?

Breaching an SPO is a criminal offence. If convicted, the penalty can include a prison sentence of up to five years.

It is therefore vital that anyone subject to an SPO fully understands the terms and complies with them at all times. Breaches can include even minor technical violations, such as indirect social media contact or presence in a restricted area.

Why It Matters

Stalking Protection Orders are a powerful legal tool intended to prevent harassment, intimidation, and unwanted attention. They offer a level of protection where the criminal threshold may not yet have been met, but there is a need to intervene early.

Whether you are someone seeking protection or someone facing an application, understanding the legal framework is essential. These orders can have a major impact on both parties, and legal advice is highly recommended.

Find a Criminal Law Specialist Near You

If you are concerned about stalking or have been notified of an SPO application, speak to a solicitor with experience in criminal law and protective orders.

Visit your local Law Specialists site to find a solicitor who offers a free initial consultation:
yourcity.criminal.lawspecialists.co.uk

This service connects individuals with verified local criminal defence solicitors who meet strict criteria, including offering a free first consultation and expertise in protective orders.

Disclaimer

This article is for general information purposes only. It does not constitute legal advice. If you are affected by any of the issues discussed, you should seek advice from a qualified solicitor.