Applications under the Protection from Harassment Act 1997

The following Family practice note provides comprehensive and up to date legal information covering:

  • Applications under the Protection from Harassment Act 1997
  • Prohibition of harassment
  • Defences
  • Conduct
  • Civil remedies
  • Procedure
  • Who may apply for civil remedy?
  • Which court?
  • Injunctions
  • Service
  • More...

Applications under the Protection from Harassment Act 1997

Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affect normal practice, including requirements for the majority of hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see the Coronavirus (COVID-19) toolkit for access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). This Practice Note sets out the procedure prior to the pandemic and during this period of disruption to the justice system, practitioners should be aware that local practice may vary.

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, then their solution may lie under the Protection from Harassment Act 1997 (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, knowing, (or that they ought to know) that such conduct amounts to harassment of another. Harassment includes causing a person alarm or distress. A person is

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