How to keep stolen phone in Lost mode

Hi,
So sadly some jerk have stolen my gfs phone. And we have tracked it all the way to his house and all that jazz. Sadly cops won't do anything about it, despite us knowing the exact location of the phone (he also stole her wallet).
So we have put the phone in lost mode, and the theif is trying to wait us out we believe.
Next step is getting a replacement phone for her, but how do we do that and keep the one in lost mode? I mean the least we can do is keeping the idiot from using it.
If we just do a restore of the backup it will override the old one in icloud devices, wont it?
//C

If the stolen iPhone had iOS 7 on it, then the Activation Lock will block attempts by the thief to restore the iPhone. If it had iOS 6 or earlier on it, there's nothing anyone can do to prevent the thief from restoring the iPhone. Setting up a new iPhone and restoring it from a backup of your old one will have no effect on the stolen iPhone.
Regards.

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