Nicole Richie has banned a paparazzi photographer from coming near her family for five years.

The former 'Simple Life' star - who has two children, two-year-old Harlow and 14-month-old Sparrow with Good Charlotte rocker Joel Madden - has reportedly instructed her attorney MARK GERAGOS to reach an out of court settlement with photographer Fabricio Luis Mariotto.

According to gossip website TMZ, Mariotto agreed to sign a document drawn up by the lawyer to guarantee he will stay away from Nicole and her family for a five-year period.

In return, the 29-year-old socialite will drop her prior court request for a permanent restraining order against the paparazzo.

The settlement comes after Nicole sought an order to prevent the photographer from going anywhere near her daughter Harlow's Los Angeles School, after his "predatory behaviour" caused her "emotional distress".

In court documents, she said: "Mariotto drives erratically around my children and others, yells, screams and attempts to scare us so that he can photograph our reaction. He trespasses on pre-school property to photograph the children.

"He has often left his car in the middle of a busy street just to chase me for a photograph. His predatory behaviour caused and continues to cause severe emotional distress as I fear for the safety of my children."