Grants Guide to the Protection from Harassment Act 1997

Anyone can apply for an order under this Act to protect them from a person who is harassing them. You do not have to be married, living together or related in any way.

This act is also used to protect people from other forms of abuse such as racism, sexual harassment, gay and lesbian abuse and ethnic and religious discrimination.

'Harassment' isn't defined by the law, but includes causing alarm or distress and includes speech.  Examples of harassment could include nuisance telephone calls, abusive behaviour, uninvited visits to your home, threats to cause damage, and such like.

As with a family situation, the court can grant an order to forbid further harassment and could also order the person to pay you compensation (damages) though it is not necessary to ask for damages to get the court order to protect you.

The Act also creates two criminal offences of harassment. This means the police can prosecute the harasser in the criminal courts.  If found guilty, the criminal court will, when sentencing, also impose a 'restraining order' - the equivalent of a civil injunction.

What happens if the court orders are disobeyed?

If there is a Power of Arrest attached to the order, you should tell the police and your solicitor immediately. If an arrest is made, the person is brought before the court within 24 hours of arrest. Your solicitor will need to be prepared to tell the court what happened. The court has the power to impose a sentence of imprisonment, or a fine.

If there is no Power of Arrest, the Police cannot act unless a criminal offence has been committed.  However, your Solicitor can take the case back to court because the Court Order has been disobeyed. This may involve an application simply to extend the term of the injunction or it may be to apply to commit the person to prison for contempt of court.

These proceedings ('committal proceedings') for enforcement of the order or undertaking are held in open court (meaning anyone can attend the hearing) and the case must be proved 'beyond reasonable doubt'. Instead of immediate imprisonment, the court can suspend the sentence on certain conditions, or impose a fine.