Family law guide
Part of: What is a Barring Order and How to Apply?
A civil restraint order stops someone from making further applications to the family court unless a judge gives permission first. Judges use it when a person keeps bringing applications that are totally without merit (Family Procedure Rules 2010, r.4.8). If you are a parent worn down by one application after another, it can bring some quiet. If a judge has made one against you, it does not close the door on your case. Our specialists assist and advise people on both sides, and our guide to your first family court hearing explains how hearings run. This page covers the law of England and Wales.
Reviewed by: Iblal Iqbal, Partner & Family Law Strategist, Kabir Family Law
It puts a judge between the other person and the court office. Once the order is in place, the person it names cannot simply file a new application. Instead, they must first ask the judge named in the order for permission (PD4B, para 2.2).
That change matters most to the parent on the receiving end. If the restrained person applies without permission, the court dismisses the application automatically. The judge does not need to make a further order, and you do not need to respond to it (PD4B, para 2.3).
Even so, the order does not silence anyone for good. The restrained person can still ask the named judge for permission to change it or end it. They can also ask for permission to appeal it.
The trigger is a pattern of applications that are totally without merit. Losing an application is not enough on its own. The rules treat that phrase as a separate finding, and the court’s order must record it (FPR r.4.3(7), r.4.4(5) and r.18.13).
Each time a judge makes that finding, the same rules say the court must also consider whether a restraint order is appropriate. So the court can act on its own. In addition, the other party can ask for one (PD4B, para 5.1).

For a tired parent, that written record matters. Old orders that use the words “totally without merit” can tell a clear story. Orders that say nothing about merit may leave gaps that need explaining.
There are three types, and each one reaches further than the last. The judge decides which type fits the history (PD4B, paras 2 to 4).
| Type | When a judge can make it | What it covers | How long it lasts |
|---|---|---|---|
| Limited | After 2 or more applications that are totally without merit | Further applications in the same proceedings | Until those proceedings end, unless the court orders otherwise |
| Extended | When a person persistently makes applications that are totally without merit | Applications about anything linked to those proceedings, in the courts the order names | A set period of up to 2 years |
| General | When the pattern persists and an extended order would not be enough or suitable | Any application in the courts the order names | A set period of up to 2 years |
Every type names the judge who deals with permission requests. Extended and general orders must also list the courts they cover (PD4B, paras 2.9, 3.9 and 4.9). If you already have an order, you will find those details in its wording. Not sure which type you are facing, or which to ask for? A free initial consultation is a sensible first step.
A limited order lasts for the proceedings it came from, unless the court orders otherwise (PD4B, para 2.9). Extended and general orders run for a set period, which cannot be more than 2 years (paras 3.9 and 4.9).
The court can extend an extended or general order when it considers that appropriate. However, each extension can add no more than 2 years (paras 3.10 and 4.10). So a long history can mean more than one extension.
Be careful with figures you find online. The GOV.UK guidance says extended and general orders last 3 years. That matches the civil court rules, where the limit is 3 years (CPR PD 3C, paras 3.9 and 4.9). Family proceedings follow PD4B instead, where the limit is 2 years at a time.
You do not start a new case. Instead, the request sits inside the proceedings you are already in. Here is the path an order follows.
Which type to ask for, and how to show the pattern, depends on your own history. That is where early advice helps most, and a free initial consultation gives you initial advice from one of our specialists before you apply.
Many parents facing repeat applications about a child look first at a different power. Under section 91(14) of the Children Act 1989, a court can stop a named person applying for set kinds of order about the child without its permission. Section 91A adds that the court may do this where an application would put the child, or another person, at risk of harm (Children Act 1989, s.91A).
A civil restraint order works differently. It rests on applications that are totally without merit, and it can reach beyond Children Act cases. Practice Direction 4B says its powers are separate from section 91(14) and do not replace it. Our guide to section 91(14) barring orders explains that power in detail. You can also read one family’s experience of repeat applications.
Repeat applications can also be part of a wider pattern of control, which our guide to abuse after separation and the courts explains. A third, rarer route sits in section 42 of the Senior Courts Act 1981. It lets the High Court restrict someone who has habitually and persistently brought vexatious cases. However, a private person cannot apply for it.
An order against you can feel as if the court has stopped listening. Yet it has not closed your case. Instead, it changes how you reach the judge.
Repeated requests carry a risk of their own. If they keep failing as totally without merit, the court can direct that a further refusal of that kind is final, with no appeal unless the refusing judge allows one (para 2.3(b)). Our guide to grounds for appeal in family court explains what an appeal court looks at.
Tick what is already true for you. It shows what you have in place, and what still needs thought. If a judge asks you to set out the history in writing, our guide to witness statements in family court explains how statements work.
There is no score. Anything you cannot tick yet is worth raising with a specialist before your next step.
These turn on the facts of your case and the exact wording of past orders. They are far easier to get right early than to fix later.
Book a free initial consultation
One of our specialists will give you initial advice on your situation.
The other party to the proceedings can apply. They use the Part 18 application procedure and must say which type of order they want (PD4B, paras 5.1 and 5.2). The court can also act on its own. When it strikes out or dismisses an application as totally without merit, it must record that and consider whether an order is appropriate (FPR r.4.3(7) and r.18.13).
Neither Part 4 of the rules nor Practice Direction 4B defines the phrase. It is a finding a judge makes about a particular application, and the order must record it (FPR r.4.3(7), r.4.4(5) and r.18.13). Losing is not the same thing, because the rules treat the finding as a separate step. So the wording of each past order matters.
Yes, with permission. The restrained person can apply for permission to appeal the order, and can appeal if a judge grants it (PD4B, para 2.2(c)). They can also ask the judge named in the order for permission to amend or discharge it. If a judge refuses a permission request under the order, any request for permission to appeal goes in writing, and a judge decides it without a hearing (para 2.8).
No rule makes you reply. The notice must give you at least 7 days, and any written reply you send goes to the judge with the request (PD4B, paras 2.5 and 2.6). The judge then decides on paper, without a hearing. Silence leaves the judge with one side only, so it is worth getting advice on whether and how to answer.
No. This order only controls applications to court. It does not stop someone contacting, threatening or following you. If you need protection from that, a non-molestation order does that job. In an emergency, call 999.
An extended or general order can run for longer if the court considers that appropriate. Each extension can add no more than 2 years (PD4B, paras 3.10 and 4.10). A limited order normally lasts for the proceedings it came from, unless the court orders otherwise (PD4B, para 2.9).
The court dismisses or strikes out the application automatically. The judge does not need to make a further order, and you do not need to respond (PD4B, paras 2.3, 3.3 and 4.3). If the person keeps making permission requests that are totally without merit, the court can direct that any further refusal of that kind is final, with no right of appeal unless the refusing judge allows one.
How you respond now can shape how a judge sees the whole history, and a permission request may give you as little as 7 days to reply. If the order is against you, requests that keep failing can lead the court to make later refusals final. A free initial consultation gives you initial advice from a specialist, tailored to your circumstances. It does not include drafting or reviewing documents.
Book a free initial consultation or call 0330 094 5880.
One of our specialists will give you initial advice on your options. You can also read our guide to preparing for family court hearings.
General information about the law in England and Wales, not advice on your circumstances.
Parents often tell us they ignored a permission request because they were tired of replying. That is the one step not to skip. The restrained person must give you at least 7 days, and the judge then decides on the papers. A short, calm reply that points to the earlier findings can make a real difference. Keep every past order in one folder, so you can find the wording in minutes.
Hannah Overton, Complex Children Specialist & Client Support
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Sibling Contact Orders: Protecting the Bond Between Brothers and Sisters
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Lives With Order vs Spends Time With Order
Step Parent Responsibility
Non-Resident Father: Rights, Responsibilities and Next Steps
Special Guardianship Orders
Short videos from the Kabir Family Law team, explaining family law in plain English.
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