The Protection From Harassment Act 1997 is an important piece of legislation that provides individuals with important protections against harassment and stalking. However, many people are unaware of their rights under this act, which can lead to harassment and other forms of abusive behaviour going unchallenged. In this article, I will provide a summary of the Protection From Harassment Act 1997 and explain your rights under this act.
By understanding your legal rights, you can take steps to protect yourself from harassment and stalking, and seek legal action if necessary. I will also offer practical tips on how to protect yourself from harassment and what to do if your rights have been violated.
Whether you are currently experiencing harassment or simply want to be better informed about your legal rights, this article will provide valuable information and resources.
What Constitutes Harassment?
Under the Protection From Harassment Act 1997, harassment is defined as behaviour that causes someone distress or alarm. This behaviour must also be persistent (must have happened on at least two occasions) and unwanted.
Examples of harassment can include:
- Repeatedly sending unwanted emails or text messages
- Making unwanted phone calls
- Stalking someone in person or online
- Posting harmful or defamatory content about someone online
- Making threats or engaging in other intimidating behaviour
Neighbours can harass you in various ways, such as swearing or shouting at you when you leave and enter your home, putting threatening letters through your letter box or regularly coming to your front door to complain.
When neighbour disputes escalate and the relationship has been damaged, harassment is common when neighbours are trying to resolve disputes, as stress levels are high, and neighbours may be angry and frustrated. A simple disagreement can quickly turn nasty.
Harassment can take over peoples lives and can result in health issues, such as increased stress levels, anxiety and lack of sleep. Neighbours harassing you can feel very close to home and can resort in you feeling trapped.
It’s important to note that harassment can take many different forms, and it is not always easy to identify. If you feel that someone’s behaviour towards you is causing you distress, it’s important to take action to protect yourself.
Types of Harassment
There are several different types of harassment that can occur under the Protection From Harassment Act 1997, including:
- Emotional or psychological harassment – this can include things like verbal abuse, insults, or threats that cause emotional distress.
- Physical harassment – this can include unwanted physical contact, following someone, or invading their personal space.
- Cyberstalking – this is a form of harassment that takes place online or through technology, such as social media, emails, or text messages.
It’s important to note that any form of harassment can be a serious issue and can have long-lasting effects on your mental health and wellbeing. If you are experiencing any form of harassment, it’s important to seek help and support as soon as possible.
Rights Under the Protection From Harassment Act 1997 Summary
In summary, the Protection From Harassment Act 1997 provides individuals with important legal protections against harassment and stalking. If you are being harassed, you have the following rights under this act:
- Right to Apply for a Restraining Order
Under the Protection From Harassment Act 1997, you have the right to apply for a restraining order against the neighbour or person who is harassing you. This is a court order that can prevent the harasser from contacting you, coming near you, or doing anything else that could cause you harm. If the harasser violates the terms of the restraining order, they can be arrested and charged with a criminal offence.
- Right to Seek Damages in Court
If you have suffered harm as a result of the harassment, you may be able to seek damages in court. This can include compensation for any physical or emotional harm, as well as any financial losses you have suffered, for example loss of earnings if you can’t work.
Once you are aware of the harassment, start to keep a log of the emotional distress and any financial losses you have incurred.
- Right to Press Criminal Charges
If the harassment has reached a criminal level, you have the right to press criminal charges against the harasser. This can result in them being arrested and charged with a criminal offence, which could lead to a fine, imprisonment, or both.
It’s important to note that these rights can only be exercised if the harassment meets the legal definition under the Protection From Harassment Act 1997. If you are unsure whether the behaviour you are experiencing constitutes harassment, it’s important to speak to a solicitor for guidance.
It’s also important to remember that you do not have to suffer in silence. If you are being harassed, there are many resources and support networks available to help you. Seeking help can be a difficult and daunting process, but it is essential for your safety and wellbeing.
How to Protect Yourself from Harassment
If you are experiencing harassment, there are several steps you can take to try and protect yourself:
- Keep a Record
It’s important to keep a record of any incidents of harassment, including dates, times, and details of the behaviour. This can be useful as evidence if you decide to take legal action against the harasser. I have a detailed article that you can read about gathering evidence for neighbour disputes, that should help you.
- Speak to Someone
Don’t suffer in silence. Speak to someone you trust, such as a friend, family member, or colleague, about what is happening. You should also contact the police if you feel threatened or unsafe. You can also speak to a support organisation or legal advisor for guidance and advice.
If you are getting stalked by a neighbour you can contact the National Stalking Helpline for some guidance.
If the harassment is discriminatory in nature then you can contact the Equality Advisory Support Service (EASS) Helpline.
You could also contact the Citizens Advice for general advice about harassment.
- Block the Harasser
If the harassment is taking place online or through technology, you can block the harasser from contacting you. For a short period of time, try disabling your social media accounts and block their number on your phone. This can help to reduce the amount of contact you have with them and prevent further harassment.
If your harasser still manages to contact you on your mobile number, it may be prudent to get a new telephone number and only give this to be people you trust.
If you don’t want to disable your social media, make sure that all of your profiles are set to ‘private’ and turn the location setting to ‘off’ on your phone.
- Change Your Routine
If you feel unsafe or uncomfortable, you may want to consider changing your normal routine. This could include avoiding certain places where the harasser may be waiting for you. For example, if the stalker appears during your lunch break, when you go to the same shop to get your sandwich, try taking a lunch break at a different time and going to a different shop.
However, you shouldn’t have to change your life because of a stalker but you could change your routine in the interim, while you are waiting for a restraining order.
- Seek Legal Advice
If you are being harassed, it’s important to seek legal advice from a solicitor. They can advise you on your legal rights and help you to take action against the harasser.
What to Do If You Are Being Harassed
If you are being harassed, it’s important to take action to protect yourself. This may include:
- Contacting the Police
If you feel that your safety is at risk, you should contact the police immediately. They can investigate the harassment and provide you with protection if necessary.
- Keep a Record of the Harassment
It’s important to keep a record of any incidents of harassment, including dates, times, and details of the behaviour. This can be useful as evidence if you decide to take legal action.
- Seeking Legal Action
If you have suffered harm as a result of the harassment, you may want to seek legal action against the harasser. A solicitor or legal advisor can advise you on the best course of action and help you to seek damages in court. Taking legal action against a harasser can be a complex and difficult process, but it’s important to seek justice and protect yourself from further harm.
- Applying for a Restraining Order
If the harassment is persistent and unwanted, you may want to consider applying for a restraining order against the harasser. This is a court order that can prevent the harasser from contacting you, coming near you, or doing anything else that could cause you harm. If the harasser breaches the restraining order this will be a criminal offence and they could be prosecuted.
Remember, you do not have to suffer in silence. If you are being harassed, there are many resources and support networks available to help you. Seeking help can be a difficult and daunting process, but it is essential for your safety and wellbeing.
How to Report Harassment to the Police
Reporting harassment to the police can be a daunting process, but it’s important to take action to protect yourself. Here’s what to do:
- Contact the Police
Contact your local police station, or call the non-emergency number, 101, to report the harassment. You may also be able to report the incident online. You can use the official Police website to see if you can submit the claim online.
If you are in immediate danger then you need to call 999.
- Provide Details
Provide the police with as much detail as possible about the harassment, including dates, times, details of the behaviour and if there were any witnesses.
- Provide Evidence
If you have any evidence of the harassment, such as emails, text messages, or voicemails, provide this to the police.
- Request Protection
If you feel that your safety is at risk, request protection from the police. They can provide you with protection and advice on how to stay safe.
Conclusion
I hope this Protection From Harassment Act 1997 Summary has answered some of your questions. The Protection From Harassment Act 1997 is an important piece of harassment legislation that provides individuals with legal protections against harassment and stalking.
If you are being harassed by a neighbour or any other individual, it’s important to remember that you have legal rights and that there are many resources and support networks available to help you. You do not need to suffer in silence.
Keeping a record of any incidents of harassment, speaking to someone you trust, and seeking legal advice can all help to protect you from further harm. If you feel that your safety is at risk, it’s important to contact the police immediately.
By taking action, you can protect yourself and take steps towards a safer and happier future.
If you want to read the full Act you can access it here.
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