Legal Protection
THE PROTECTION FROM HARASSMENT ACT 1997.
If you are not eligible to apply for an order under the Family law Act because you are not seen as an ‘associated person’, you can bring an action under the Protection from Harassment Act 1997. This Act means that if you are being harassed, threatened, pestered or stalked after a short relationship has ended or if you have no children and did not live with the abuser you can get a criminal injunction. This Act covers both criminal and civil offences and contains both criminal and civil remedies for domestic abuse.
Criminal
Under the Protection from Harassment Act 1997 it is a criminal offence to;
- Cause harassment, alarm or distress by a course of conduct - on more than one occasion and conduct can include speech.
- Cause fear of violence - on at least two occasions.
Civil
The Protection from Harassment Act also includes a civil measure to deal with harassment. This civil injunction provides an alternative means of protection, and the right to compensation, where the criminal sanction is not available. For instance, if there was not sufficient evidence to satisfy the criminal standard of proof or because the evidence indicates an offence will be committed if the defendant is not restrained by an injunction.
Remedies
Under the Act the Court can order a ‘restraining order’. A ‘restraining order’ is an order which prohibits the defendent from doing certain things for a certain period of time. For instance, the court may order the defendant never to contact or attempt to contact you again or it could order him not to enter a particular road or area. Restraining orders can be obtained via the civil or criminal court.
Under the Protection from Harassment Act a breach of such a restraining order is a criminal offence, punishable in the magistrate’s court with up to 6 months imprisonment and/ or over £5000 in fine, or in the crown court with up to 5 years imprisonment. In addition to the criminal sanctions, the civil court can award compensation/damages to you for the harassment.
The recent Domestic Violence, Crime and Victims Act 2004 allows the court to make a restraining order where the defendant is charged with an offence, when he is pending trial, when sentencing for any offence or when he is not convicted but the court consider that it is necessary to make an order to protect you from harassment.
The court will make a restraining order when there is sufficient evidence of harassment and that it is necessary to protect you from that risk of harassment in the future.





