Applications under the Protection from Harassment Act 1997


Published by a UUÂãÁÄÖ±²¥ Family expert
Practice notes

Applications under the Protection from Harassment Act 1997


Published by a UUÂãÁÄÖ±²¥ Family expert

Practice notes
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This Practice Note explains the six criminal offences that may be committed under the Protection from Harassment Act 1997 (PHA 1997) including harassment, fear of violence and stalking. It identifies criminal law remedies available to victims of harassment under PHA 1997, including restraining orders. It considers civil remedies eg damages for anxiety, injunctions and exclusion zones. It sets out the procedure under the Civil Procedure Rules 1998 (CPR), including who can apply and in which court. Information is provided on breach of injunction, undertakings, warrants of arrest and damages.

Where clients are unable to avail themselves of the provisions of the Family Law Act 1996 (FLA 1996) because they do not satisfy the criteria or eligibility, or where damages are sought, then their solution may lie under PHA 1997. See Practice Note: Domestic violence non-molestation orders

Prohibition of harassment

PHA 1997 creates a general prohibition on conduct amounting to harassment. It contains no definition of harassment. However, behaviour that amounts to harassment is determined by reference to the person whose course of conduct is in question,

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Harassment definition
What does Harassment mean?

The concept whereby an employee suffers from the conduct of, or an act by, an employer or another person which is in the form of harassment.

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