Stalking protection orders – what they are and how to obtain one
The Stalking Protection Act 2019 came into force on 19 January 2020 and introduced the availability of a Stalking Protection Order (SPO). This should hopefully provide additional, but more importantly, early, protection to those whose ex partners continue to display obsessive and intimidating behaviour despite the relationship coming to an end. This complements the existing range of orders already available under the existing law.
The police already have powers available to them under the Protection from Harassment Act 1997 but sometimes it is difficult to reach the required threshold for those powers to be used, and a Stalking Protection Order can allow them to take action sooner.
What is stalking?
There is no set definition, but the Police and Crown Prosecution Service use the following description – ‘a pattern of unwanted, fixated and obsessive behaviour which is intrusive. It can include harassment that amounts to stalking or stalking that causes fear of violence or serious alarm or distress in the victim’.
When should a stalking protection order be granted?
An application for a SPO should be made when it appears that someone is carrying out stalking behaviour, that they pose risk of stalking, and there is reasonable cause to believe that the order is necessary to provide protection to the other person from that risk.
What sort of things will the order provide?
A SPO must specify the date it is made and how long it lasts. It can also have various conditions attached to it.The police will usually liaise with the victim as to their views as to what sort of conditions are needed.
Examples of conditions that could be imposed include prohibiting the stalker?
from going to places the victim will frequently be or where they live, contacting the victim (or via their friends and family) by any means, making comments about them on social media directly or indirectly, recording the victim or surveilling them in any way. Interestingly, the stalker could also be required to seek help such as attending assessment for suitability for treatment or attending a perpetrator intervention programme. Other requirements could include surrendering devices or providing the police with access to social media accounts, passwords, mobile phones, computers etc. What provides most hope is that each case is dealt with individually so there is not one definitive list of prohibitions or positive requirements.
How long does an SPO last?
the order can be made for a fixed period or until a further order is made but where there is a specified fixed period it must be for a minimum of two years. Different aspects of the order can have different time periods.
What happens if the order is breached?
Depending on the severity of the breach, a perpetrator can be imprisoned and/or fined.
How do you obtain a Stalking Protection Order?
Once you have reported the unwanted behaviour to the police, they can make an application to the Magistrates Court for the order to be granted. A summons for them to attend court will be issued and served on the perpetrator.
What sort of orders can be made?
Orders can be made on an interim basis (so before a final decision is made) or as a final order.
An interim order provides a speedy response where there is an immediate risk of harm and so may be quite useful where it is difficult to gather detailed evidence of what has been happening. An interim order can be made if the ‘court considers it appropriate to do so’ in comparison to a final/full order where the court must be satisfied that it is ‘necessary to protect another person’ from stalking.
What should I do next?
At E J Coombs, we are always happy to provide advice and assistance to anyone who finds themselves being subjected to unwanted behaviour. Please call 01245 221 699 to arrange to speak to one of our experienced lawyers.
