Claire Kitchen shares best practice advice on how to deal with the actions & behaviours of the perpetrators of harassment & stalking
It is often considered that harassment claims are the remit of family lawyers, and of little or no concern to other practitioners.
It is true that many examples of harassment and stalking fall within the remit of the Family Law Act 1996 (FLA 1996) and can be dealt with by way of a non-molestation order under s 42 of that Act. However, s 42 of FLA 1996 can only apply where specific relationships, defined as ‘associated persons’, can be identified between the parties.
Where FLA 1996 cannot assist, the Protection from Harassment Act 1997 (PHA 1997) steps in. PHA 1997 can be used in several situations to prevent harassment. It may be used alongside a petition under s 994 of the Companies Act 2006, for example, where one of the directors alleges harassment by the other and demands an injunction. Similarly, in a particularly contested probate claim, an injunction could be sought in order to stop one of the beneficiaries from harassing the others.
