If you have been served a Stalking Protection Order, we strongly recommend obtaining expert legal advice and assistance urgently.
But what is a Stalking Protection Order?
If made by the court, these orders can impact your daily life, freedom, and right to privacy.
This blog will explain what Stalking Protection Orders are, how they can be granted and what action can be taken to defend those wrongly served.
What Is A Stalking Protection Order?
Stalking Protection Orders (SPOs) are becoming more commonplace.
Once granted, they impose restrictions regarding contact with a named individual and severe criminal penalties if the order is breached.
The Stalking Protection Act was formally introduced on 15 March 2019 and is a civil order that the police can apply for as an early intervention in stalking cases.
Criminal proceedings do not have to have been commenced for the police to apply for a Stalking Protection Order.
How Can Stalking Protection Orders Be Served?
The police may apply for a Stalking Protection Order (SPO) if a "victim" has reported stalking behaviour or it has come to police attention during a separate investigation or by other means, such as a third party or referral.
The police can also apply for an SPO at any point during an investigation, up to and including the point of conviction or acquittal.
It’s important to note that SPOs are not alternatives to prosecution and can be used to complement - or be applied for in addition to - prosecution.
They can also be used standalone without a prosecution.
When applying for an SPO, the police should consider reasonableness, taking into account the circumstances of the matter and the background of the behaviour.
They should ensure the victim finds the behaviour reasonably unwelcome and that the respondent ought to have known that the behaviour can reasonably be regarded as posing a risk to the victim.
Risk may arise from acts the respondent knows or ought to have reasonably known to be unwelcome by the other person.
Does The Court Have To Make A Stalking Protection Order?
No, the court does not have to make the order.
It will need to consider several factors when considering whether an order should be granted.
The court can make an interim SPO if “it considers it appropriate to do so”.
Interim Orders v Full Stalking Protection Orders
An Interim Stalking Protection Order (ISPO) is a temporary measure that can be applied for by the police under the Stalking Protection Act 2019.
It is designed to provide immediate protection to individuals at risk of stalking while a full Stalking Protection Order (SPO) is being considered.
An ISPO allows for quicker intervention to protect potential victims from stalking-related risks. It can include various prohibitions or requirements deemed necessary to protect the individual at risk.
However, to make a full SPO, the court must be satisfied that an order is "necessary to protect another person" from stalking.
When considering a full application for a SPO, the court will apply the civil standard of proof “balance of probabilities” to the fact-finding elements of the application regarding the respondent’s behaviour and the risk posed.
The court will need to consider what the respondent says about their alleged behaviour.
How Do I Challenge An Interim Stalking Protection Order?
To challenge an ISPO in England, the respondent can appeal to the Crown Court.
The process involves several key considerations:
- Grounds for Appeal: The respondent can appeal against the making of an ISPO, the refusal to vary or discharge an order, or any order to vary, renew, or discharge an order following an application by the police.
- Criteria for Challenge: The challenge can focus on disputing the criteria set out in the Stalking Protection Act 2019, such as:
- Denying the acts associated with stalking.
- Arguing that the defendant does not pose a risk associated with stalking.
- Contesting the necessity and proportionality of the order. - Procedural Fairness: Ensure that the application process is followed correctly. Any procedural errors could be grounds for challenging the order.
- Evidence and Balance of Probabilities: The court will assess the evidence on the balance of probabilities, the civil standard of proof. The defence can present evidence that the alleged conduct does not warrant such an order.
- Appeal Process: The appeal is made to the Crown Court, which can make further orders to give effect to its determination of the appeal, including incidental or consequential orders.
From Application To Hearing
From the point of instruction, obtaining evidence that undermines the necessity to obtain an ISPO, SPO, or appeal against an SPO already in force is essential.
We work with the supporting evidence you provide, demonstrating that it is not necessary or proportionate or no longer required or proportionate for you to have an ISPO or an SPO against you.
We communicate with the Police and the Courts on your behalf and fully protect your legal interests so you do not have to.
SPOs and ISPOs can be contested right up until the hearing, and the police can withdraw their application should new evidence come to light that proves there is no reason in the law to enact the order.
We can help expertly prepare your defence of the police application for an SPO by drafting any required statement in response. We will gather evidence to support your defence and help prove that you were not exhibiting stalking behaviour and that the "victim" could not reasonably have found your behaviour or contact unwelcome.
Our team will also represent you at any hearing where the application will be heard.
In other words, we can fight your corner and ensure that your best defence to the application is advanced.
What Happens If I Breach A Stalking Protection Order?
The test for breach of an SPO is “whether the party breached the order without reasonable excuse”.
Further breach of the order is a criminal offence punishable by up to five years imprisonment.
It is also an offence for the respondent to the order to fail to notify police of their name and home address within three days of the making of the order or to notify the police of any change of name or home address within three days of that change.
In summary, applications for Stalking Protection Orders or proceedings relating to breaches of Stalking Protection Orders are to be taken seriously.
Our expert team of false allegation specialists are here to help you defend any application by the police for an SPO.
Please get in touch with our Client Services Team, who will be able to offer you an appointment with one of our dedicated experts.
Find out how they can help anyone falsely accused of stalking.
Stalking Protection Order: Case Study
Read our recent case study of how we managed to obtain a successful outcome for Mr S and ensure the application for a full SPO was withdrawn.
Unfortunately, Mr S, a young professional man, found himself in a relationship he described as 'toxic'.
Following the end of this relationship, the complainant - his ex-partner - made false allegations to the police that Mr S was stalking her.
There had been extensive communication between the couple on various platforms, particularly once their relationship ended.
Mr S accepted that he was brokenhearted and had tried to rekindle things but denied he was stalking or harassing his ex-partner.
The complainant reported Mr S to the police, stating that she was in fear of Mr S.
Before he knew it, Mr S was served with a date to attend court to respond to a Stalking Protection Order application made against him.
Desperate, scared and unsure of what to do, Mr S contacted us for legal assistance.
We quickly placed ourselves on record and took over all communications with both the Police and the Courts, engaged Counsel and gathered a dossier of evidence which demonstrated the complainant was falsifying facts.
Evidence then came to light that the complainant had been approaching Mr S when he was out with his friends, despite the complainant stating to the police that she was 'in fear of Mr S'.
We advanced this argument to the police, who quickly decided to withdraw their application.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved
If you would like to speak to our expert legal team about this, or any related subject then please contact our team by phone on 0207 936 6329, Email or by completing our Quick Contact Form below.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved