What is Harassment?
Harassment and distressing behaviour can be unique to each individual and their surrounding circumstances. A general definition of harassment is behaviour which causes you distress or alarm, such as unwanted telephone calls, letters, emails, visits, abuse and bullying online, stalking, verbal abuse and threats. The Courts will look at whether most people or a reasonable person would think that behaviour amounts to harassment.
The Offence
The PHA 1997 makes it an offence to pursue a course of conduct that amounts to harassment. The High Court and the County Court can grant an Injunction for personal protection by forbidding harassment.
If your application is successful, the Court will grant an injunction restraining the perpetrator from pursuing any conduct which amounts to harassment. If the injunction is breached, the perpetrator may be fined, imprisoned or both. In addition, the Court has the power to award the victim damages for anxiety caused by the harassment and for any financial loss arising from the harassment.
Injunction options
Associated Persons
It is open for someone who is subject to domestic violence and abuse to seek an Injunction under the Family Law Act 1996, that is a Non-Molestation Injunction (to prevent someone from abusing you) and an Occupation Order (to remove a person from the home).
However, in order to be eligible to apply for one of these injunctive measures, the perpetrator of the alleged abuse must be an associated person, that is that the parties are or have been in a relationship or they are related.
Non-Associated Persons
However, there are circumstances where the perpetrator is not an