Harassment Injunctions – Making a Court Application

Harassment may occur in all aspects of your life, at home, at work, neighbour harassment, former friends, ex-partners, spouses, colleagues, acquaintances or even by people you don’t know.

Often, the offender feels that their conduct will go undetected or without any repercussions, but that is far from the truth. The law exists to offer protection to victims of harassment (The Protection from Harassment Act 1997).

Not only is Harassment a criminal offence, but civil court proceedings can also be brought against the offender.

Examples of harassment include:

• Unwanted phone calls, letters, emails or visits
• Pestering
• Stalking
• Verbal abuse and threats
• Making comments that are designed to distress you
• Social media harassment
• Wilfully causing you fear

The Protection from Harassment Act 1997 has left the definition of ‘harassment’ relatively vague, so the Court have discretion in order to decide when conduct amounts to harassment of a person or not. Therefore, it is not just limited to the examples above.

In many cases, individuals seek legal advice about making a harassment injunction application to prevent further conduct. A court can grant a harassment injunction order to restrict behaviour, prevent contact, or protect someone from ongoing distress.

What action can I take?

If you believe you’re on the receiving end of Harassment, then the first step is always to contact the police. You can report the harassment to the police by attending your local police station or by contacting 101.

You can also instruct this firm to issue a ‘Cease and Desist Notice’ which sets out the basis of your complaint and a strong request that the offender refrains from their behaviour. This involves a robust letter written by a Solicitor on your behalf sent from the firm to the offender.

Can I make an application for an injunction under the Protection of Harassment Act 1997?

Yes, if you’ve been on the receiving end of harassment on two or more occasions, then you are entitled to bring Court action against the offender. You will need to evidence the incidents you are complaining of, so it is always best to keep a detailed log and evidence in support.

Any application would be made in the County Court against the person harassing you. The application would be asking the Court for an Injunction.

What is an Injunction?

An Injunction is an Order of the Court which sets out certain terms which the party whom it is made against must comply with. In the context of a harassment application, the terms usually state that the offender must stop their behaviour.

What happens if the Injunction is breached?

If the Order is breached, the matter can be brought back to court on the basis of contempt of court and the Court has the option of ordering a term of imprisonment against the offender.

How to do I make an injunction application to Court?

It’s extremely important that you follow the correct procedural rules when making an application. If you are unsure about any aspect of the rules, it’s best to instruct a Solicitor to prepare the application instead.

Any court action under the Protection of Harassment Act 1997 must be started using a “Part 8 Claim Form” which you must complete where applicable and set out your case, including all the relevant details. In that form, you must specify what you are asking the Court to do, i.e make an Order for an Injunction.

The form must be accompanied by a “Form N16A: Application for Injunction” which must be completed appropriately. You must also prepare a witness statement which sets out your case in quite some detail including the incidents against you and exhibit any evidence to that witness statement. You must ensure all your evidence that you intend to rely upon is exhibited to this witness statement; otherwise, the Court can refuse to take it into consideration if it is sent to the Court at a later date.

You must then take your completed court papers to your local county court hearing centre and ask for it to be issued. In due course, you will then be given a hearing date for the matter to be determined by a Judge.

Harassment injunctions (sometimes misspelled as harrassment injunctions) are civil court orders designed to stop repeated unwanted conduct.

If you are considering how to get a harassment injunction, the first step is usually to gather evidence of the behaviour and seek legal advice. Our solicitors can advise whether you may be eligible to apply for a civil harassment injunction and guide you through the court process.

Can I instruct a Solicitor to assist me?

Yes, at Whiterose Blackmans, we regularly help victims of harassment make applications to the Court and take the stress out of dealing with complicated procedural rules.

For a free initial discussion, please email info@whiteroseblackmans.co.uk or contact our office on 0113 216 5507.

FAQ On Harassment Injunctions