Stalking Awareness

Stalking is repeated and unwanted behaviour that causes you to feel distressed, scared or threatened. Such behaviour can include unwanted communications by phone, email or social media, physical assault, going to someone’s home uninvited, following someone, recording images of someone or visiting places where the victim will be. 

How can I protect myself from stalking?

Firstly, if you are or suspect you are the victim of stalking, you should immediately report this to the police. 

If the stalker is someone close to you, you can make an application for a Non-Molestation Order (sometimes referred to as an injunction). 

What is a Non-Molestation Order?

A Non-Molestation Order can prevent the perpetrator from contacting you, whether that be by phone, email or social media, from entering or attempting to enter your property or from entering the street on which you live. The Order can also prevent the perpetrator from coming to your place of work. This is not an exhaustive list of protections. 

An Order will typically last 6 or 12 months, however longer terms can be ordered if the court is convinced that it is necessary. The Order can also be extended prior to the term expiring. 

If the perpetrator breaches any of the conditions within the Order, without reasonable excuse, it is a criminal offence and they will be arrested. A breach of the Order may be punishable by 5 years in prison and a fine. 

Who can I get a Non-Molestation Order against?

An application can be made against a variety of individuals including someone:

• You are or have been married to
• You are or have been in a civil partnership with
• You cohabit or have previously cohabited
• You live in the same household (provided they are not just an employee, tenant, lodger or boarder)
• You are related to
• You have agreed to marry
• You have an intimate personal relationship with or have had, and it was of significant length
• You have entered a civil partnership agreement with
• You are a parent of or someone you have parental responsibility for.

Will my stalker know I have made an application?

An urgent application to court can be made without the perpetrator being made aware of the application or the first court hearing. 

A Non-Molestation Order may be made at that first hearing, without the perpetrator being present. However, it is crucial that the Order is served on the perpetrator as otherwise, they cannot be arrested for breaching the terms. 

An application to court will be accompanied by a statement, setting out why protection is needed and evidence of the perpetrator’s recent actions.

The perpetrator will then be given an opportunity to respond to the Order or application at a subsequent hearing.

How can we help?

Our specialist family law team in Leicester are experienced in applying for Non-Molestation Orders and can assist you with making the application, drafting an appropriate and comprehensive witness statement and representing you at any court hearings.

Contact our team by telephone on 0116 247 2000, complete our contact form, or send us an email via info@smithpartnership.co.uk. 

We also have offices across the East Midlands and Staffordshire with expert family solicitors, in Burton, Derby, Stoke-On-Trent and Swadlincote.