Harassment Claims

While there is no strict definition, harassment generally involves behaviour that causes alarm, distress, or fear. This course of conduct becomes harassment when it occurs on at least two occasions, and the perpetrator knows or ought to know their behaviour is harassing.

Harassment is a deliberate act, and the law assesses whether a reasonable person would consider the behaviour as harassment in similar circumstances.

Harassment can take many forms, and it is not always physical violence. It can include:

• Unwanted contact, i.e. repeated phone calls, emails, texts, or social media messages.
• Verbal abuse, i.e. insults, threats, or intimidation.
• Stalking includes following or monitoring someone’s movements.
• Cyberbullying, i.e. online harassment or defamation.
• Property damage such as vandalism or destruction of belongings.

If you are unsure whether your experiences qualify as harassment, our team can help you assess the situation.

• Injunction

The court can issue a civil injunction to stop the harassing behaviour. This requires proving, on the balance of probabilities, that the behaviour constitutes harassment. If successful, the court can also establish an exclusion zone around your home or workplace.

• Damages 

Alongside an injunction, you can seek damages for anxiety and any financial losses caused by the harassment. However, you must apply for damages within six years of the harassment occurring or becoming aware of it.

If the other party violates the injunction, the court can issue a warrant for their arrest.