Stalking Protection Orders (SPO)

A Stalking Protection Order (SPO) is a civil order applied for by the police that can place severe restrictions on your life. These orders are designed to protect individuals from the risk of stalking, and they can be imposed even if you have not been charged with or convicted of a criminal offence. An SPO can dictate where you go, what you do, and who you can contact, with a breach being a serious criminal matter. Facing an SPO application requires immediate and expert legal intervention to protect your rights and liberty.

At Central Chambers Law, our senior legal consultants are experts in challenging these restrictive orders. We understand that stalking allegations can be complex and are sometimes based on misunderstandings or arise from the breakdown of a relationship. Our function is to provide a swift, strategic defence to challenge the necessity of an order and the fairness of its terms. We are specialists with a deep knowledge of the specific legislation, which is essential for successfully defending your position.

Understanding the Offence: What is a Stalking Protection Order?

A Stalking Protection Order is a civil order made by a Magistrates' Court under the Stalking Protection Act 2019. Its primary purpose is to protect a person from stalking, not to punish the respondent.

The key features of an SPO are:

• The police can apply for one if it appears that you have carried out "acts associated with stalking."
• The police must believe the order is necessary to protect another person from a risk of stalking.
• The order can be made without a criminal conviction.

An SPO can contain both prohibitions (things you must not do) and positive requirements (things you must do). This could include:

• Prohibiting you from contacting the person named in the order.
• Banning you from entering certain locations or areas.
• Requiring you to attend a risk assessment or intervention programme.
• Ordering you to provide the police with access to your electronic devices and social media accounts.

The Legal Process: How an SPO is Made and Challenged

The process for obtaining an SPO is fast-moving. It begins when the police make an application to a Magistrates' Court. The court can first make an Interim SPO if it feels it is "just and convenient" to do so, which provides immediate protection while the full case is considered.

A hearing for a full SPO will follow. For the court to grant a full SPO, it must be satisfied of two key things on the balance of probabilities (the civil standard of proof):

1. You have carried out acts associated with stalking.
2. You pose a risk of stalking to another person, and the order is necessary to protect them from that risk.

You have the right to attend the hearing and contest the application. This is the critical stage where you must present a defence. It is a serious error to ignore the proceedings or to try and deal with them without expert legal representation.

How the Police Build a Case for an SPO

The police will build a case to convince the court that your behaviour constitutes stalking and that you pose a continuing risk. Their case will be founded on the need for protection.

Common evidence includes:

• The Complainant's Statement: A detailed account from the alleged victim describing your actions and the fear or distress it has caused them.
• Digital Evidence: Copies of emails, text messages, social media posts, or call logs.
• Witness Testimony: Statements from others who have witnessed the alleged behaviour.
• Police Records: Any history of police call-outs or warnings related to your conduct towards the complainant.

Why Central Chambers Law Provides the Definitive Defence

When facing an SPO application, the quality of your legal representation is the most important factor in achieving a fair outcome. A general lawyer may lack the specific experience needed to effectively challenge the unique legal tests under the Stalking Protection Act 2019.

Clients trust Central Chambers Law because we are experts in this highly specialised area. Our reputation is built on our ability to meticulously analyse the police case and robustly defend our clients' positions. Our strategic approach involves:

• Challenging the "Stalking Acts": We forensically examine the allegations against you. Do your actions legally amount to "acts associated with stalking"? We challenge weak evidence and present your side of the story to show the full context.
• Contesting the 'Risk' and 'Necessity': This is a core part of the defence. We build a powerful argument that an order is not truly necessary to protect the other person. Is the application a disproportionate response?
• Negotiating the Terms: Where an order is likely to be made, we fight to ensure the conditions are fair, clear, and proportionate. We strongly oppose vague or overly oppressive terms that unnecessarily interfere with your daily life.
• Expert Court Advocacy: Our lawyers are skilled advocates who excel in the Magistrates' Court. We effectively cross-examine police and other witnesses to expose weaknesses in their case and deliver persuasive arguments to the court.

Our focused expertise means we are equipped to provide the strongest possible defence, protecting you from an unjust or excessively restrictive order.

Consequences of Breaching an SPO

While an SPO is a civil order, breaching it is a serious criminal offence. Any failure to comply with the prohibitions or positive requirements can lead to your arrest and prosecution.

• The maximum sentence for breaching an SPO is 5 years' imprisonment.

This makes it absolutely essential to challenge the terms before they are imposed. An unfair or unclear condition can be easy to breach by mistake, resulting in severe criminal consequences.

Protect Your Liberty with an Expert Defence

A Stalking Protection Order can place a significant burden on your life, with the constant threat of prison for any breach. The police application process is swift and intimidating, but it can be challenged. A proactive, specialist defence is your best protection.

Do not face this challenge alone. Contact our expert defence solicitors immediately for a confidential consultation and take the first critical step in defending your position.

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