Stalking protection orders definition

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Stalking

Stalking This Practice Note provides some guidance on the criminal offences of stalking and stalking involving fear of violence or serious alarm or distress under the Protection from Harassment Act 1997 (PHA 1997). It is of use if advising a client affected by domestic abuse. For information and guidance on civil remedies available under PHA 1997, see Practice Note: Applications under the Protection from Harassment Act 1997. Stalking There are two offences of stalking under PHA 1997, stalking, and stalking involving fear of violence or serious alarm or distress. Under PHA 1997, s 2A a person is guilty of the offence of stalking if they pursue a course of conduct in breach of PHA 1997, s 1(1), and the course of conduct amounts to stalking. A person's course of conduct amounts to stalking of another person if: • it amounts to harassment of that person •  the acts or omissions involved are ones associated with stalking, and • the person whose course of conduct is in question...

Harassment offences

Harassment offences The basic offences of harassment under sections 1(1) and (1A) of the Protection from Harassment Act 1997 (PHA 1997) are triable only summarily. For the aggravated form of offence, see Practice Note: Intentional harassment, alarm or distress. For further information on the civil remedies available to victims, see Practice Note: Applications under the Protection from Harassment Act 1997. The elements of the basic offences In relation to an offence under PHA 1997 s 1(1), the prosecution must prove that the defendant: • pursued a course of conduct amounting to harassment of another person • which they knew or ought to have known amounted to harassment of another person For an offence under PHA 1997, s 1(1A), the prosecution must prove that the defendant: • pursued a course of conduct involving harassment of two or more individuals • which they knew or ought to have known involved harassment of those individuals, and • by which they intended to persuade any person not to do something they are entitled or...

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Family monthly highlights—January 2020

This month’s edition of Family highlights includes details of HM Courts and Tribunals Service’s guidance on video hearings, the extension of online applications for divorce to legal professionals, the reintroduction of the Divorce, Dissolution and Separation Bill to Parliament and the implications of the UK’s exit from the EU. Special contributions in financial remedy hearings are considered, together with a reminder that assets in excess of needs are generally required before other factors come into play. In addition to links to analysis of other key decisions, recently updated and new content is also detailed, including a new Practice Note on private financial dispute resolution appointments and early neutral evaluation and a new Precedent client guide on the steps to take after reaching a financial agreement.