Harassment is a distressing experience that can leave individuals feeling threatened, alarmed, and humiliated. It can occur in various forms, such as unwanted phone calls, stalking, verbal abuse, or online harassment. If you find yourself being harassed, it is essential to take action to protect your rights and seek a swift resolution.
In the UK, you have the option to obtain a harassment injunction, which can be granted by both the criminal and civil courts. Call our highly experienced team at Nath Solicitors on 020 3983 8278 or contact us online to find out more.
What is Harassment?
Harassment can be perpetrated by someone you know, like a neighbour or acquaintance, or even by strangers, such as individuals using social media platforms. Some common examples of harassment include:
- Unwanted phone calls, letters, emails, or visits
- Stalking and following
- Verbal abuse and threats
- Property damage or intimidation tactics
- Online harassment and cyberbullying
The impact of harassment can be severe, causing emotional distress, financial loss, and damage to personal and professional relationships. When faced with harassment, it is crucial to consider the available legal options to protect yourself and put an end to the distressing behaviour.
Reporting to the Police
If you believe you are in immediate danger or facing harassment based on your disability, race, religion, transgender identity, or sexual orientation, contacting the police should be your first step. The police have the authority to investigate the matter and determine whether it constitutes a hate incident or crime. They can gather evidence, interview witnesses, and decide whether to initiate a criminal case against the harasser. If convicted, the offender may face a maximum prison term of five years.
Civil Court Action
Our team of experts can help you throughout the process, including taking civil court action. If you have been a victim of harassment, you can take civil court action against the person harassing you within six years of the harassment occurring. Even if the harasser has not been found guilty in criminal court, you still have the right to seek an injunction to prevent future harassment. The court will consider the evidence and determine whether to grant the injunction based on whether the behaviour constitutes harassment.
The civil court has the power to make various orders to protect you from harassment. These include:
- Injunctions – The court can issue an injunction requiring the harasser to stop their behaviour. If the harasser fails to comply with the injunction, it becomes a criminal offence, and they can be prosecuted in criminal court.
- Compensation – If you have suffered financial or emotional losses due to the harassment, the court can award you compensation.
It is important to note that breaking a harassment injunction is a criminal offence and can result in a prison sentence of up to five years.
How Long Does It Take to Obtain a Harassment Injunction?
The time it takes to obtain a harassment injunction can vary depending on the specific circumstances of your case. In urgent situations, you may be able to apply for an emergency injunction, which can be granted swiftly to provide immediate protection. However, it is essential to have a well-prepared case with supporting evidence to increase the likelihood of obtaining an injunction on the first hearing date.
Applying for an Injunction: Notice or Ex Parte?
When applying for a harassment injunction, you have the option to provide notice to the harasser or proceed with an ex parte application. Giving notice means informing the harasser about the injunction application, while an ex parte application is made without notifying the harasser. The choice depends on the individual circumstances and the potential risk of further harassment. Providing notice can allow the harasser to present their side of the story in court, but it may also result in retaliation or further distress.
What Happens If the Harasser Does Not Comply?
Once a harassment injunction is granted, the harasser must comply with its terms. Failure to adhere to the injunction is a criminal offence and can lead to prosecution. If the harasser continues to engage in harassing behaviour, you should report the violation to the police. They can take the necessary action to enforce the injunction and ensure your safety.
Nath Solicitors: Your Partner in Resolving Harassment Issues
If you are facing harassment, Nath Solicitors is here to support you. With over 30 years of expertise, we specialise in providing swift, expert resolution to distressing situations. Our experienced team of solicitors has a meticulous eye for detail, ensuring that every aspect of your case is thoroughly examined and presented.
We understand that harassment can have a significant impact on your personal and professional life. We are committed to working closely with you, providing empathetic support, and developing robust strategies to achieve the best possible outcome for your situation.
Contact our highly experienced team at Nath Solicitors today to discuss your case and explore your options. Call us on 020 3983 8278 or reach out to us online.
