Advice under the Protection from Harassment Act

The Protection from Harassment Act 1997 (PHA 1997) offers protection to those who suffer from not only domestic abuse but also to those who have been subject to harassment from others.

The person doing the harassing must realise that their behaviour amounts to harassment. Although the harassment does not have to be continuous, it must have taken place at least twice.

Examples of harassment include silent or continuous phones calls, the deliberate causing of noise, loitering around a persons home or following them together with actual or threatened harm – both physical or psychological.

In addition to the Protection from Harassment Act the Family Law Act also offers protection to individuals.

The difference however is that whereas under the Family Law Act 1996 people have to be associated with each other (either because they are or have been married, have a blood tie or have lived together etc), under the Protection from Harassment Act 1997 this is not necessary which means that, for example, in the case of two platonic friends who have never lived with each other, where their relationship breaks down and where one starts to harass the other, the victim even though they are not associated, could still get protection under the PHA 1997.

A solicitor will be able to help you decide which law would offer you the best protection.

The PHA 1997 provides both civil and criminal remedies for victims of harassment.

In the civil courts the victim may be granted a injunction (called a Restraining order) and/or may be awarded compensation for ‘any anxiety caused by the harassment and any financial loss resulting from the harassment.

If the Police become involved and press charges against the ‘harasser’ then whereas a victim might still be granted a restraining order, if convicted the ‘harasser’ could also be sent to prison for up to five years.

If the ‘harasser’ is not immediately sent to prison and they keep harassing the victim then the matter can be bought back to Court and the Judge can be asked to send the ‘harasser’ to prison.

If you consider that you have been subjected to harassment you should report the incident/s to the police or seek advice from a specialist family lawyer who, if the police choose not to proceed with a charge, can advise you on how to bring an application before the Court.

It is important to keep a record (preferably in chronological order) of any harassment suffered and also to retain any physical evidence such as answer machine messages, emails/texts or written correspondence etc as this evidence could later be shown to a Judge in support of your case.

In an emergency i.e. if someone has used or threatened violence against you, then you should not hesitate to contact the emergency services.

Published 23/11/2007. The author of this article is Emma Perkins