Form N138: Harassment Injunction Order — How to Get One (2026 Guide)

Form N138: Harassment Injunction Order — How to Get One (2026 Guide)

Form N138 is the injunction order made under the Protection from Harassment Act 1997. On the official Civil Procedure Rules forms list it appears as “N138 Injunction order (Protection from Harassment Act 1997)” — the document the court issues and seals when it grants the injunction, not an application form a claimant completes. That distinction matters, because many websites (and, until recently, this page) describe N138 as the form you file. If someone has pursued a course of conduct against you that amounts to harassment, the route to an N138 order is a civil claim under section 3 of the 1997 Act: a Part 8 claim on Form N208 together with an application for an injunction on Form N16A. You do not need to wait for a criminal prosecution, and you can apply in your own name without any police involvement. This guide sets out precisely how to do that, what the court requires, and how to build a case that stands up.

What Is Form N138?

Form N138 is the court’s prescribed form of injunction order for Protection from Harassment Act 1997 proceedings. When a judge grants your injunction, the order is drawn up on N138, sealed by the court, and served on the defendant. It records:

• What the defendant is restrained from doing — the specific prohibitions the court has ordered, such as not contacting you or not attending your address.
• A penal notice — the warning on the face of the order that disobedience may be contempt of court, punishable by imprisonment, a fine or seizure of assets.
• The duration of the order — until a return date, until trial, until further order, or for a fixed period.

Because the harassment injunction has its own statutory arrest mechanism (see below), the N138 order sits within a small family of forms listed under the Harassment Act on the Civil Procedure Rules forms list:

There is no fill-in N138 to download on GOV.UK, and that is the point: your job is to give the court everything it needs to make the order — including a draft of the order you want — using the forms in the top half of that table.

The Right Way to Apply: Form N208 + Form N16A

Claims under section 3 of the Protection from Harassment Act 1997 have their own section of the Civil Procedure Rules — CPR Part 65, rules 65.27 to 65.30. The key requirements:

• The Part 8 procedure applies. CPR r.65.28 provides that a claim under section 3 “shall be subject to the Part 8 procedure” — so the claim is started on Form N208, not the ordinary N1 money claim form.
• Where to start it. In the High Court, the claim must be commenced in the King’s Bench Division; in the County Court, it may be commenced at any County Court hearing centre (the court then sends it to the hearing centre serving the address where you or the defendant lives or carries on business). Most litigants in person use the County Court.
• The injunction application. The application for the injunction itself is made on Form N16A, the general form of application for injunction, supported by your witness statement and a draft order. GOV.UK’s own note on N16A confirms it is used as part of a claim, not on its own.
• The remedies. Section 3(2) of the 1997 Act expressly allows the court to award damages for, among other things, “any anxiety caused by the harassment and any financial loss resulting from the harassment” — as well as granting the injunction.

Harassment is also a criminal offence (sections 2 and 4 of the 1997 Act). You should consider reporting to the police alongside — not instead of — your civil claim. The two routes are independent and not mutually exclusive, and evidence gathered in parallel may support both.

How to Apply: Step by Step

1. Identify Your Cause of Action Under the 1997 Act

Before you draft anything, confirm that your facts satisfy the statutory elements:

• There has been a course of conduct — at least two incidents of conduct by the defendant that are connected. Section 7(3) of the Act sets the two-occasion minimum; a single incident does not meet the threshold, however serious.
• That conduct amounts to harassment of you — it was targeted at you, it was oppressive, and a reasonable person in possession of the same information would recognise it as harassment (section 1(2)).
• The defendant knew or ought to have known that the conduct amounted to harassment — section 1(1)(b).

Keep in mind that certain conduct is excluded from the 1997 Act under section 1(3): conduct pursued for the purpose of preventing or detecting crime, conduct pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, and conduct that was reasonable in the particular circumstances. If the defendant might raise any of these defences, address them in your evidence.

2. Record Everything

Your witness statement is the foundation of this claim. Before you draft it, assemble a chronological record of every incident you are relying on. For each incident, note:

• The date and time.
• What happened — in specific, factual terms (not conclusions such as “he harassed me” but “he attended my home address at [address] at approximately 6pm, rang the doorbell repeatedly for ten minutes, and shouted through the letterbox that I was a liar”).
• Who else witnessed it.
• What documents exist — text messages, emails, social media posts, voicemail recordings, CCTV footage, photographs of damage, written diary entries made at the time.
• The effect on you — anxiety, inability to sleep, having to change your routine, financial costs incurred (for example, changing locks, installing security).

The effect on you is relevant both to the harassment threshold and to your damages claim. Section 3(2) expressly allows damages for anxiety, which is an important departure from the ordinary rules on general damages.

3. Prepare Your Witness Statement

Your witness statement must comply with CPR r.32.4 and Practice Direction 32. It should:

• Open with your full name, address, and position in the proceedings (“I am the claimant/applicant in these proceedings”).
• Set out a clear chronological account of the course of conduct, with each incident separately narrated.
• Exhibit all supporting documents as numbered exhibits.
• Address the question of why damages alone would not adequately compensate you — the court needs to be satisfied that an injunction is necessary, not merely that you have a monetary claim.
• If you are applying without notice, include a full explanation of why notice has not been given and comply with the duty of full and frank disclosure (see our Form N16A guide for detail on this requirement, which applies equally here).

4. Draft the Injunction Order

As with all injunction applications, you must provide a draft of the order you are seeking — Practice Direction 25A paragraph 2.4 requires it. This draft is what the court will perfect and seal as the N138 order if your application succeeds. Your draft should:

• Identify the parties by full name.
• Set out precisely what the defendant is restrained from doing — for example: “the defendant shall not contact the claimant directly or indirectly by any means whatsoever; attend at or within [distance] of [address]; approach the claimant in any public place.” Each prohibition must be specific and clear.
• Include a penal notice prominently on the face of the order: “If you the defendant [name] disobey this order you may be held to be in contempt of court and may be imprisoned, fined, or have your assets seized.”
• State the duration of the order — whether until trial, until further order, or for a fixed period.
• Include the undertaking in damages by the applicant where an interim order is sought.

5. Issue the Claim

File at court:

• Form N208 — the Part 8 claim form starting your section 3 claim (including your damages claim under section 3(2) where you seek compensation as well as the injunction).
• Form N16A — the application for the injunction.
• Your witness statement and exhibits.
• Your draft order.
• The court fee — check the current figures in the HMCTS fee guide EX50 before filing (court fees changed in July 2026), and Form EX160 if you are applying for Help with Fees.

In the County Court the claim may be issued at any hearing centre; the court will then send it to the hearing centre serving the address where you or the defendant lives or carries on business. In cases where attending your local court would place you at risk, the court office can advise on alternative arrangements.

6. Apply for an Urgent Hearing if Necessary

If the harassment is ongoing and the risk is immediate — for example, daily contact, threats, or physical proximity — apply for the matter to be listed urgently or make a without notice application. Explain the urgency clearly in a covering letter to the court and in your witness statement. Courts take Protection from Harassment Act applications seriously when supported by cogent evidence of ongoing conduct.

7. Attend the Hearing

At the hearing, be ready to:

• Summarise the course of conduct briefly and clearly.
• Direct the judge to the key exhibits.
• Address why damages alone are inadequate.
• Offer the undertaking in damages.
• Confirm your position on the terms of the draft order.

If the injunction is granted, the court draws it up as the sealed N138 order and the defendant must be served with it. Where a without notice order has been made, a return date will be fixed. You must attend the return date, as the defendant can apply to discharge or vary the order at that hearing.

Key Deadlines

What Happens After the N138 Order Is Made?

Service of the order:
The sealed N138 order must be personally served on the defendant. This is essential: an injunction cannot be enforced against someone who has not been served with it, save in exceptional circumstances. Once served, any breach of the order is a contempt of court, enforceable by committal application under CPR Part 81.

The warrant of arrest power:
Section 3(3) of the 1997 Act gives you a faster remedy than committal: where the defendant has done anything prohibited by the injunction, you may apply for a warrant for their arrest. The application is made on Form N139 in accordance with CPR Part 23, may be made without notice, and must be substantiated on oath; the judge must have reasonable grounds for believing the defendant has breached the order (CPR r.65.29 and PD 65). The warrant itself is issued on Form N146. You will need to set out the evidence of the breach, whether you have informed the police, and whether criminal proceedings are being pursued.

Proceedings to trial:
If damages are claimed, the claim continues under the court’s directions. The injunction granted at the interim stage may be continued until trial or until further order.

If the defendant is not served:
An order that is not served on the defendant cannot be enforced. You must make every reasonable effort to serve. If service proves impossible, you may apply for an alternative method of service under CPR r.6.15 (for example, service by email, by leaving documents at a known address, or by social media where no other method is practicable).

Common Mistakes on Harassment Injunction Applications

1. Treating N138 as the application form. N138 is the order the court issues, not a form you complete. Applications drafted “on Form N138” show the court at a glance that the procedure has not been understood. Start with N208, apply on N16A, and provide a draft order.

2. Relying on a single incident. The Protection from Harassment Act 1997 requires a course of conduct — a minimum of two incidents. A single, even very serious, incident does not satisfy the statutory definition. If you have only one incident, consider whether your facts support an alternative cause of action instead.

3. Describing conduct in conclusions rather than facts. Witness statements that say “he harassed me constantly” without setting out specific incidents with dates and details will not carry the hearing. Every incident relied upon must be particularised: what happened, when, where, and what evidence supports it.

4. Failing to exhibit documentary evidence. Text messages, emails, voicemails, and social media messages are typically the most compelling evidence in a harassment case. They must be exhibited to your witness statement, clearly referenced in the body of the statement, and legible. Screenshots should show the sender’s name, number, or profile, and the date and time of each message.

5. No draft order. The court will not draft the order for you. Without a draft, the application may be adjourned.

6. Serving the application on the defendant too late. On-notice applications require not less than three clear days’ notice under CPR r.23.7. Serving the day before the hearing is not sufficient and can result in the hearing being adjourned, wasting your filing fee and hearing slot.

7. Failing to address why damages alone are inadequate. Courts do not grant injunctions automatically simply because a tort has been committed. You must explain why the defendant, if left unrestrained, will continue the conduct and why financial compensation would not adequately protect you. This is usually straightforward in harassment cases — ongoing anxiety and psychological harm are not easily compensated by a money award — but you must say it explicitly.

8. Not serving the sealed order promptly. Once the N138 order is made, every day that passes before the defendant is served is a day during which the order is effectively unenforceable. Arrange personal service immediately after collection of the sealed order from the court.

Form N138 and the Civil Procedure Rules

The key legislation and rules governing this claim are:

• Protection from Harassment Act 1997, sections 1–3 and 7 — Creates the civil cause of action for harassment, defines the course of conduct requirement, and gives the court power to grant injunctions, award damages for anxiety, and issue warrants of arrest.
• CPR Part 65, rules 65.27–65.30 and Practice Direction 65 — The dedicated rules for Protection from Harassment Act proceedings: the Part 8 procedure applies, where to start the claim, and the warrant-of-arrest procedure on breach.
• CPR Part 8 — The alternative procedure for claims, used for section 3 claims and started on Form N208.
• CPR r.23.1–r.23.12 — General rules for applications to the court, including notice requirements.
• CPR r.25.1(1)(a) and r.25.3 — The court’s power to grant interim injunctions, including without notice in urgent cases.
• Practice Direction 25A — Requirements for injunction applications, including the draft order (paragraph 2.4), the penal notice (paragraph 5.2), and the undertaking in damages (paragraph 5.1).
• CPR r.32.4 and Practice Direction 32 — Requirements for witness statements.

Related Court Forms & Guides

• Form N208: Part 8 Claim Form — how to start the section 3 harassment claim.
• Form N16A: Application for Injunction — the application form for the injunction itself.
• Form N260: Statement of Costs — the costs schedule used at summary assessment.
• Form N244: Application Notice — the form for other interim applications.
• Particulars of Claim — setting out the basis of your claim.
• Civil Court Forms Index — every civil court form guide in one place.

Frequently asked questions

What is Form N138?

Form N138 is the injunction order the court issues in Protection from Harassment Act 1997 proceedings — its official description on the Civil Procedure Rules forms list is “Injunction order (Protection from Harassment Act 1997)”. It is drawn up and sealed by the court when a harassment injunction is granted; it is not an application form you complete yourself.

Which forms do I actually file to get a harassment injunction?

A claim under section 3 of the 1997 Act uses the Part 8 procedure (CPR r.65.28), so you file Form N208 (the Part 8 claim form) together with Form N16A (the general form of application for injunction), your witness statement and exhibits, and a draft of the order you want. If the court grants the injunction, it issues the order as Form N138.

Do I need the police to be involved first?

No. The civil route under section 3 is entirely independent of any criminal proceedings. You can apply in your own name whether or not the police charge anyone, and the two routes are not mutually exclusive — evidence gathered in parallel may support both.

How many incidents do I need to show?

You must point to a course of conduct, which section 7(3) of the 1997 Act defines as conduct on at least two occasions. A single incident, however serious, does not meet the threshold. The conduct must amount to harassment that a reasonable person with the same information would recognise as such.

What happens if the defendant breaches the N138 order?

Section 3(3) of the 1997 Act lets you apply for a warrant for the defendant’s arrest — the application is made on Form N139, must be substantiated on oath, and the judge must have reasonable grounds for believing the defendant has done something the injunction prohibits. Breach is also a contempt of court, enforceable by committal under CPR Part 81.

What happens if I apply without notice?

In genuine emergencies the application can be made without notice, but you must give a full explanation of why notice has not been given and comply with the duty of full and frank disclosure. The court will fix a return date, which you must attend, as the defendant can apply to discharge or vary the order at that hearing.

Related guides: All civil court forms