Stalking Laws, Crime and Justice
Stalking comes in many forms and all are personally distressing.
For example, the National Stalking Helpline state that this can include behaviours like:
- making unwanted or malicious communication
- regularly sending unwanted flowers or gifts
- damaging property and
- physical or sexual assault
What Legal Help is Available?
Stalking and harassment is legally unacceptable, depending on the facts, such behaviour is often both a crime and a civil wrong.
Our family solicitors will be able to offer you advice on the best ways to protect you from future harm; there may also be compensation, which you can claim for injuries you suffered in the past.
- As a first step, we may well advise you to report the matter to the police. This means any further calls from you may be classed as urgent
- A simple warning letter to the stalker from a solicitor advising them to stop their behaviour can sometimes have the desired effect. If not, further action can be taken
- We may advise you to make an application to the Family Court for an order directing the person not to persist in this manner in the future
How the Law can Help
- Non-Molestation Order - If the perpetrator is an ex or current partner or close relative or associate, a non-molestation order may be an option. This is an order preventing your partner from harassing or assaulting you in the future.
- Injunctions - If the person stalking you is not related by any family connection, you could consider an injunction. This orders the perpetrator to do or not do certain acts.
Both non-molestation orders and injunctions under the Protection from Harassment Act carry weight as breaching them is a criminal offence carrying a custodial sentence of up to 5 years and/or a fine of up to £5,000.
- Occupation Orders – If appropriate, a court can issue further orders that can exclude your partner from your home, or allow you back into the home if you have been excluded. These are called occupation orders and it can be seen as a serious matter to disobey them.
Legal aid is sometimes available to pay for court proceedings relating to domestic abuse, but where it is not we offer affordable privately funded schemes, which we will discuss with you in detail if they are relevant to your situation.
You are in Control
- Whatever your situation we will always listen carefully to you and understand and respect any fears or anxieties you have
- We will also take into account your specific cultural background if that is relevant
- You may rest assured that we will work alongside you and move at your pace so you feel in control of the process
What else can you do?
- Keep a diary: The diary should include details of the behaviour you have experienced and also the affect that the behaviour is having on you
- Report any such behaviour(s) to the police
- Make your friends, family and work colleagues aware of the situation
- Contact The National Stalking helpline on 0808 802 0300 for further advice
- Get legal advice on how the law can help you
We completely understand that this can be a really difficult and scary thing to do. We will give you advice and support to enable your journey to safety and independence.
Contact our family law solicitors now to get the legal advice
you need. We can help you by completing our, no obligation, online
enquiry form and we will call you back or you can call us directly on freephone: 0808
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