Miley Cyrus has secured a three year restraining order against her jailed stalker.

The 'Can't Be Tamed' singer - who was left terrified when intruder Jason Luis Rivera broke in to her property wielding a pair of scissors in September - has obtained a protection order against him even though he is still behind bars as she fears for her safety once he is released.

The 40-year-old intruder was sentenced to 18 months in jail, although he is expected to be released in May 2013 due to overcrowding, and the 19-year-old starlet was eager to secure a permanent stay away order.

Miley - who is engaged to 22-year-old actor Liam Hemsworth - has refused to move home in spite of the terrifying incident during which Rivera attempted to enter her gated mansion claiming to be her husband.