‘Blatant disregard’ of restraining orders will carry serious consequences, CPS warns

Updated guidance just published by the CPS makes it clear consideration must be given by police and prosecutors to charging any new offences committed as part of a breach of a restraining order, in addition to the breach itself.

Offenders who commit further offences against victims while breaching a restraining order will face prosecution, the CPS says.

Stalking is described as a pattern of “fixated, obsessive, unwanted and repeated behaviour, which is persistent, intrusive and causes fear of violence or engenders alarm and distress in the victim”.

Olivia Rose, stalking lead for the CPS, said: “Blatant disregard of restraining orders will carry serious consequences for offenders of stalking or harassment.

“Breaches of these orders violate victims’ safety, significantly impacting their daily routines and journey to rebuilding their lives.

“However perpetrators break protective order terms, the CPS will work with the police to look at all the evidence against them to ensure appropriate charges are brought.”

To ensure the totality of the offending is addressed, prosecutors will look to charge the most serious offences first to reflect the severity of the offending and give the courts adequate sentencing powers.

The CPS says whether alleged offending happens online or in person, police and prosecutors will work alongside one another to consider the actions of a suspect before, during and after the event, such as charges relating to domestic abuse – including controlling or coercive behaviour- assault, or public order offences.

Deputy Chief Constable Sarah Poolman, incoming National Police Chiefs’ Council lead for stalking and harassment, said: “Stalking and harassment are not one-off crimes, it is a pattern of behaviour that can have a significant detrimental impact on the lives of victims.

“It’s vitally important that police and prosecutors look at this wider pattern of offending when investigating and prosecuting cases to protect victims and stop perpetrators at the earliest opportunity. Protective orders are an important tool in keeping victims safe, and breaches must be dealt with robustly, alongside any other offences.

“We remain committed to working with the CPSe and wider criminal justice system to maximise the use of protective orders to safeguard victims and bring more perpetrators to justice.”

Seeing more offenders of stalking or harassment brought before the courts and continuing the upward trend of cases reaching first hearings in magistrates’ courts is one of the ways the CPS is contributing toward the Government’s Safer Streets mission to halve violence against women and girls in the next decade.

Case study 1:

A 41-year-old man was jailed in 2024 for the offences of stalking and breach of a restraining order. The offending involved two separate victims.

At the end of a relationship in 2023 with one of the victims, the defendant went on to stalk another. This included multiple emails and phone calls. He also used the victims’ details to sign her to various newsletters, websites, and services, including counsellors and charities.

The defendant had previously been convicted in 2020 of stalking another victim, an ex-partner and was issued with an indefinite restraining order to protect the victim. This prohibited the defendant from entering certain locations. The victim saw him at the location and reported the matter to the police.

Upon arrest the defendant accepted the offending, but indicated it was because he loved the victims and was considering harming himself.

He subsequently pleaded guilty to all stalking and breach of a restraining order.

For these offences, the prosecution argued that there had been a disregard for the restraining order which had been breached and serious and persistent further offending against another victim for stalking, that this fell into the “highest culpability for sentence”.

In February 2024, at Liverpool Crown Court, he was sentenced to 16 months’ imprisonment for stalking and a further two months imprisonment for the breach of restraining order to run consecutively.  The previous restraining order was revoked and new restraining orders issued for both victims to run indefinitely and with stringent conditions.

Case study 2:

A 28-year-old man was jailed in 2023 for continued harassment and breaches of a restraining order against his former partner.

The defendant, who had been in a relationship with the victim for a couple of months as teenagers, was first subject to a restraining order in 2013.

During a month-long period between February and March 2023, he bombarded the victim with numerous text, voice, and video messages – totalling 76 pages of screenshots and 45 minutes’ worth of video and audio files.

They included sexually aggressive and racist messages to the victim, as well as threats to kill. He also threatened to kill himself – a clear effort to manipulate the victim into contacting him back. His barrage of messages and decade-long campaign of harassment has caused the victim to suffer untold emotional and mental effects.

Upon arrest, the defendant denied the offences until he was confronted with his videos. As well as a charge of breaching the restraining order, and to ensure the totality of the offending was addressed, prosecutors also charged the offence of harassment to give the court greater sentencing power.

He subsequently pleaded guilty to harassment and breach of a restraining order.

For breach of the restraining order, the prosecution argued there had been a “serious and persistent breach” that fell into the highest culpability category for sentence.

In July 2023, at Liverpool Crown Court, he was sentenced to five years’ imprisonment for the offence of harassment and to a concurrent term of two and a half years’ imprisonment for the offence of acting in breach of the restraining order.