Restraining orders and injunctions UK Law

KiwiinLondon

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Hi guys,

Hoping someone is around who knows the ins and outs of UK law regarding restraining orders and injunctions.

MC has been drugged and attacked by the antagonist. She knows who he is, but they are not in a relationship or related so this wouldn't be a family law type thing.

From my research, if she wanted to file a restraining order, she’d have to report the attack to the cops, they’d investigate, and if there was enough evidence to charge the antagonist, they would go to court. From here, whether there’s enough evidence to convict the antagonist or not, she could still potentially be granted a restraining order. Is that correct?

My main question is, if the police didn't find enough evidence to charge him (he’s covered his tracks extremely well and has made it look like he was out of the country that night), is she able to get a restraining order? My thought would be no, as it wouldn’t go to court, the police would let him go, and it would be a closed case? Under the harassment act though, she can still request an injunction. Is that correct?

If anyone has any insight into how this process is carried out/timelines/whether they’d need to speak to the antagonist in person/how many court hearings there would be/ etc, that would be amazing.
 

neandermagnon

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She might not be able to get a restraining order, but the police nowadays are well-trained in domestic violence, stalking etc, and if he's threatening her one way or another, she can report that to the police as a crime. Even if he's not related, if he knows her and wants to harm her then that would come under police's training for domestic violence and similar. Local police would get the picture of what's going on and still want to protect her. All that happens with a court order is that the police can arrest the person for breaching it, but even if there's no court order it's still illegal to stalk/harass someone. This would be treated as a new/separate crime, and if there's enough evidence she could get a court order regarding that, but you don't need a court order to deal with stalkers/harassers/people who are threatening you, etc.
https://www.gov.uk/report-stalker - gov dot UK page about stalkers.

ETA: if the police are able to convict him of stalking/harrassing or whatever he's doing, she could get a court order from that.
 
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onceuponatime

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Just to add to neadermagnon's good information above (and recognizing this is an old thread, sorry I wasn't here 6 months ago!):

Because of the type of crime the MC would immediately be put in touch with a Specially Trained Officer. Depending on how she reported/when, she might be referred via a SARC (which collects + keeps physical evidence), a hospital, or just give a statement at the police station. The statement takes 4-8 hours. Timelines for progression vary based on what you mean by 'attacked', but if the police find her account credible, then within 1-2 weeks (much sooner if active danger) they'll either request that he brings himself in for interview, or arrest him. They'll take his statement, so he will be usually held at least 8 hours and up to 48 (I think) before generally being released on 'bail' (often his own recognisance, again depending on severity of offence). One of the conditions of his release will be that he doesn't contact, or cause someone else to contact, or threaten, any of the witnesses against him - so that is the 'restraining order' equivalent. After the police have gathered information (usually a month or two), they'll send their file to the CPS (Crown Prosecution Service) with a recommendation on whether to file charges. The CPS will make their decision, and then contact the victim to inform them. There is a right to appeal by the victim. If the CPS decide to put the case on the shelf - that is, not to prosecute at this time - that is not any judgement against the victim, just a belief in the case's ability to succeed at trial and evaluation of the costs/benefits to everyone involved, including the cost to the victim's mental health of taking the stand. In that case, the accused is recommended not to have contact with the victim, but to the best of my knowledge there is no 'restraining order' that can be put in place at that point without additional evidence of danger.

There is a booklet called 'From Report to Court' that the Specially Trained Officers give victims when they report - it's really helpful on all of this.

Good luck with your plot!