Harassment and Stalking Lawyers
What is Harassment?
Harassment is when someone repeatedly behaves in a way that makes you, as a victim feel scared, distressed, or threatened the act itself is judge by the means of a ‘reasonable person’ test.
There are different types of stalking and harassment, and anyone can be a victim.
The behaviour must happen on more than one occasion. It can be the same type of behaviour or different types of behaviour on each occasion.
For example, one text message intended to distress you is not harassment. Two text messages may be harassment. One text message and one phone call may also be harassment.
Harassment can include things your abuser has said or done. The incidents may have happened recently, or they could have happened months apart. Regardless of their actions, if the act happened on at least two separate accounts, this will be considered as harassment and legal action can be taken.
You need lawyers that are specialised in domestic violence – you’ve come to the right place.
Types of Harassment
Stalking and harassment can happen online or in person and in various forms, whether its physical, psychological, or third-party harassment.
An incident of harassment could be a range of things, but are not limited to:
- Texts, answer-phone messages, letters, or unwanted emails
- Online harassment on social media
- Verbal harassment in the form of comments or threats, whether its verbal or written
- Standing outside someone’s house or driving past it
- An act of violence (including sexual harassment)
- Damage to someone else’s property
- Maliciously and falsely reporting you to the police when you have done nothing wrong.
So, when deciding whether your abuser’s behaviour is harassment, the court will consider whether a reasonable person, who had the same information your abuser had, would think that it is harassment.
Protection Under the Harassment Act 1997
The protection from Harassment Act 1997 was originally introduced to deal with the problem of stalking. Under the act a person must not pursue a course of conduct (a) which amounts to harassment of another, and (b) which he knows or ought to know amounts to harassment of the other.
It also provides protection for people suffering abuse or harassment from people who they do not have any form of relationship with.
Furthermore, the act can give rise to both civil and criminal remedies and damages may be awarded for things such as anxiety caused by the harassment and any financial loss resulting from the harassment.
The act also provides civil remedies for example regulating an abuser’s behaviour and/or excluding them from an area around the victim’s home or place of work. They include injunctions and claims for damages.
The act is not only valuable against individuals but also companies, so a photographer as part of the paparazzi or an agency or occasionally a newspaper could be held for criminal harassment against a party.
What to Do If You Are Being Harassed
There are steps you can take to protect yourself and hold the offending party accountable.
Protect Yourself
This can be done in many ways. Issue a warning and clearly indicate that it is unacceptable. You are not obligated to explain yourself or engage in any sort of argument.
Set firm boundaries which they must adhere too. This might include blocking their number on your phone, using strict privacy measures on social media, minimising attendance at family functions, and requesting that family members refuse to discuss any knowledge about you or your life with the harassing party.
Log out of everything – create new passwords and secret questions that your ex will not be able to guess; consider whether you might need to create a new email account.
Be aware of what could be tracking you. Be smart about what technology you have and how to best manage it and be aware of how to disable those features that can monitor or record you and prevent them from being reactivated.
Keep a Record
Record each event as soon as possible afterwards noting down the date, time, location – as much detail as possible.
It’s also useful to:
- Note details of any witnesses who may have seen or heard anything
- Keep a record of how the person harassing you looked, such as details of their clothes or car
- Keep messages or record any phone calls you receive
- Write down the details of calls, including times and the telephone numbers (including unanswered calls)
- If anyone is around, ask them to record any details if they witness anything
- Take a picture if you can
Report the Crime
If you or someone you know are in immediate danger and the crime taking is place or has just happened, call 999 immediately and ask for the police.
If you’re deaf or hard of hearing, use the textphone service and end a text to 999 if you’ve pre-registered with the emergency SMS service. The police are to attend the scene of the incident to protect you from further abuse and/or to arrest your abuser.
If you’d like to speak to an officer in person, then visit your local police station as they can provide a safe environment.
Other Useful Contacts:
- 101 – Non-emergency line
- 24-hour domestic violence helpline – 0808 200 0247 – www.nationaldomesticviolencehelpline.org.uk
- National LGBT Domestic Violence Helpline – 0300 999 5428 – www.brokenrainbow.org.uk/help/helpline
- National Stalking Helpline – 0808 802 0300 – www.stalkinghelpline.org/faq/about-the-law/
- Revenge Porn Helpline – 0845 6000 459 – www.revengepornhelpline.org.uk/
- Stop Online Abuse – www.stoponlineabuse.org.uk
- The Law Society (to find a solicitor) – www.lawsociety.org.uk/find-a-solicitor/
Seeking Legal Help
The bottom line is that no one has the right to make you feel unsafe or uncomfortable in your own space.
If you are experiencing this type of behaviour, whether it’s based on gender, age, sexual orientation, or more, must be handled with the utmost care by the management, and strict action must be taken against the person responsible.
You should not hesitate to seek legal help as a response to harassment.
If you speak with one of our experienced lawyers about your case, we will keep the matter confidential and provide you with the expert advice you need.
Whether that’s writing the abuser, making an application to the court, seeking an injunction, or guiding you through the whole legal process. We will give you legal advice to ensure that you no longer must deal with the harassment on your own.
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Get in Touch with Our Harassment and Stalking Lawyers
We understand that no matter what side of domestic violence you are on, it can be hard to reach out. Our expert team has years of experience in harassment and stalking so you can rest assured we can help.
To speak with one of our lawyers, phone us on 0333 202 6433 or send us an email at hello@mcalisterfamilylaw.co.uk.