A match who will not accept that contact has ended may go on to follow, message or monitor a person, sometimes through several online aliases. In England and Wales, a civil Stalking Protection Order (SPO) is one of the tools the police can seek. This guide summarises the Home Office’s April 2024 statutory guidance for the police, which applies to England and Wales only, and the Government’s factsheet on the Crime and Policing Act 2026. It is general information, not legal advice. The site’s guide to stalking law and support when a match will not stop contacting you covers the offences and support in England, Wales and Scotland.
What a Stalking Protection Order is
The Home Office guidance describes the SPO, introduced by the Stalking Protection Act 2019, as a civil order that closes a gap in the protective order regime. The threshold to begin criminal proceedings does not need to be met, which allows early police intervention. It is not an alternative to prosecuting stalking offences under the Protection from Harassment Act 1997, but can complement a prosecution. The guidance says no prior conviction is required and that the order is one the police can seek from a magistrates’ court.
When the police can apply
The guidance says police should consider applying where it appears that:
- the respondent has carried out acts associated with stalking;
- the respondent poses a risk of stalking to a person; and
- there is reasonable cause to believe the order is necessary to protect the other person from that risk.
It adds that the order can be sought where a victim has reported stalking or where it has come to police attention by other means, at any point up to and including conviction or acquittal, or before an investigation has started. It says the investigating officer should consider whether to apply at the start of every stalking investigation, including where stalking is by a former intimate partner. Orders can also protect people connected to the victim.
What an order can ban or require
Under the guidance, the police can ask for prohibitions and positive requirements, and the magistrates’ court decides which conditions to include. Examples of prohibitions listed include:
- entering certain locations or areas, or physically approaching the victim;
- contacting the victim by any means, including telephone, post, email, text or social media, or through third parties such as friends or family;
- making reference to the victim on social media, directly or indirectly;
- recording images of the victim;
- using an internet-capable device unless it can retain and display its history of internet use; and
- any form of surveillance of the victim.
Examples of positive requirements include attending a suitability assessment or perpetrator intervention programme, a mental health assessment or a drugs and alcohol programme, surrendering devices, giving the police access to social media accounts, phones and computers, and signing on at a police station. The guidance says the lists are not exhaustive and conditions should be clear, specific and proportionate.
Interim orders, duration and breach
- Interim orders. A temporary order can protect the victim between the application for a full order and its determination. It is intended for cases of immediate risk where more information is needed.
- Duration. An order lasts for a fixed period specified in it, or until a further order is made. Where a fixed period is specified, it must be at least two years. A prohibition or requirement has effect in all parts of the United Kingdom unless limited to a locality.
- Breach. Breaching an SPO or interim SPO without reasonable excuse is a criminal offence, and the CPS is involved if a breach is prosecuted.
What the Crime and Policing Act 2026 changes
The Government’s factsheet on the Crime and Policing Act 2026 says the Act amends the Stalking Protection Act 2019 and the Sentencing Code so that courts can make an SPO of their own volition on conviction or acquittal. Currently only the police can apply, and the factsheet says restraining orders are used in those circumstances but do not allow the same positive requirements. It also says the Act:
- makes explicit that the civil standard of proof, the balance of probabilities, applies to deciding whether to make an SPO and whether to include a prohibition or requirement;
- introduces a duty for the Home Secretary to issue multi-agency statutory guidance on stalking for professionals such as police, teachers and healthcare staff; and
- introduces a power to issue “Right to Know” guidance on how police should release identifying information about stalkers to victims. The factsheet notes that online stalkers often use multiple aliases so victims may not know who they are, and that police have sometimes declined to identify a suspect before charge citing data protection concerns.
Because the factsheet describes the changes in future terms, readers should check when each measure takes effect. The factsheet says the Act also amends the Protection from Stalking Act (Northern Ireland) 2022 in a similar way, while the police guidance discussed here applies to England and Wales only.
Practical points
Keeping a record helps police assess risk. The site’s guide to documenting and reporting suspicious dating behaviour explains what to save. The guidance says it is best practice for police to obtain the victim’s views on the most appropriate conditions to request.
Frequently asked questions
Can a person apply for a Stalking Protection Order themselves?
According to the Government’s factsheet, currently only the police can apply to a magistrates’ court, though the 2026 Act enables courts to make one on conviction or acquittal.
Does an SPO replace a prosecution?
No. The Home Office guidance says it is not an alternative to prosecution for stalking offences but can complement one.
The bottom line
In England and Wales a Stalking Protection Order is a police-sought civil order that can ban contact, surveillance and social media references, and can require assessments or device access. It lasts at least two years where a fixed term is set, and breach is a criminal offence. The Crime and Policing Act 2026 extends when courts can make orders and adds guidance on identifying online stalkers.