The Prevalence of Harassment
Many will know that harassment is a criminal offence. The essential components of which are actions taken by another that cause you alarm or distress, having a substantial adverse effect on your day-to-day activities, that form a course of conduct comprising two or more occasions.
In the clearest cases, harassment is easily identifiable. The most recent review published by the Office of National Statistics indicates that 1 in 10 people aged 16 years and over experienced at least one form of harassment in the 12 months prior[1]. However, where the course of conduct is not physical (for example messaging or surveillance online) it can be harder to spot. Likewise, the adjustments that people make to their lives are often made subconsciously, and without recognising the harm that is being done. This is especially the case where those involved are close to you.
Harm caused by loved ones is not new and is certainly not uncommon. In the family context, harassment can be a form of domestic abuse. Victims will associate domestic abuse with physical violence in the home – but harassment can take multiple forms, and we are increasingly seeing abuse being wrought online, where the damage, both emotional and reputational, can be unlimited in scope.
What are victims’ options?
In many cases, victims of harassment should make an immediate report to the police.
Statistics show that of the 2.3 million victims of domestic abuse in the year ending March 2024, only 851,062 became known to the police[2]. There are various reasons for this discrepancy, including that victims can be reluctant to engage with the criminal justice system, particularly where loved ones are involved. There are also practical reasons for the under-reporting of domestic abuse. For example, reporting an abuser to police when an individual is financially dependent upon the abuser can cause them practical difficulties – for example if the perpetrator loses their job as a consequence.
Police resources are incredibly stretched, and investigations often take time, with charging decisions being months, and sometimes years, from the date of a report. In reaching a charging decision, prosecutors must balance public interest with the strength of evidence, and for a successful conviction, that evidence must meet the criminal standard; that guilt is proven beyond reasonable doubt.
This is borne out by the statistics – only around 50,000 suspects are charged by the police in relation to domestic of abuse each year[3]. Victims can be left feeling helpless in circumstances where either the police decide to take no further action, or there is a decision not to press charges. This is especially the case where victims live in close proximity to, or are in frequent contact with, their abusers.
Victims may also seek a resolution in the civil courts. For example by bringing an action under the Protection from Harassment Act 1997, which allows the Court to make an injunction restraining the abuser from pursuing any conduct amounting to harassment. The Court has further powers to award damages for the victim’s emotional toil, and redress for any financial loss resulting from the harassment. Should the abuser breach the terms of the injunction, the victim make seek a warrant for their arrest.
Whilst applications in the civil courts are attractive because you can proceed immediately, retain control and because of the lower standard of proof (in civil claims a claimant has to prove his/her case on the balance of probabilities, rather than the higher criminal standard) they can also be prohibitively expensive, especially in instances where an application is robustly defended by the abuser.
An Alternative in the Family Courts
There is an alternative, relevant in circumstances where the victim has close ties to the abuser – and that lies in the Family Courts, with an application for a Non-Molestation Order made under section 42 of the Family Law Act 1996.
Non-Molestation Orders are for the purpose of protecting victims from a wide range of harmful activities. The terms are simple – an order protects the applicant from molestation by the abuser. Molestation is not defined, which means Non-Molestation Orders can cover a very broad spectrum of behaviour including acts or threats of violence and harassment, vexatious telephone calls, abusive messages and online abuse including posts on social media.
The leading case on what constitutes molestation is Vaughan v Vaughan[4] where the court considered “pestering” to be molestation. In the recent case of Father v Mother[5] the court was considering arrangements in respect of a five year old child. A Non-Molestation Order was made to protect the child and the mother where the father had perpetrated serious sexual abuse against the mother and had behaved in a way that was coercive and controlling towards her. A Non-Molestation Order was made for the entire duration of the child’s minority. In Al M (Non molestation application)[6] the President of the Family Division said that the focus is upon “deliberate conduct which has the effect on the applicant of harassment to such a degree that the court’s protection is called for. The negative impact on the applicant can include elements of psychological and/or emotional harm. The conduct of the respondent, whilst being deliberate, does not need to have been with the intention of causing that harm.” In this case the father’s behaviour, which included attempting to purchase a property directly next to where the mother was living, amounted to intimidating behaviour by him.
Non-Molestation Orders are a potent, if underused, weapon in the arsenal of victims of harassment.
An Order can be only applied for by applicants who are ‘associated with’ the respondent[7]. The legislation contains specific guidance as to who qualifies as an associated person[8], but in general terms it includes: spouses and civil partners, partners (and former partners) with whom you have been in a relationship for more than six months, cohabitants (and former cohabitants), relatives, and the parent of your child(ren).
Upon issuing an application for a Non-Molestation Order, the Court will fix a hearing as a matter of urgency, and typically within a month. Whether an Order is granted at this first hearing will depend on the response by the abuser. In considering whether or not to grant a Non-Molestation Order the court will have regard to all the circumstances of the case and in particular will consider the need to secure the health, safety and well-being of the applicant and any relevant child. If there are already family proceedings ongoing, then a formal application may not be necessary and an oral application can be made to the judge.
If the order is challenged, the Court will list a trial of fact to hear both parties on the matter. As is often the case, abusers, reluctant for a court to scrutinise their behaviour, will not engage, and if the Court is satisfied, an Order will be granted at the first hearing. It is important to note that often these applications are compromised by the Court accepting undertakings from the respondent not to engage in the relevant behaviour. Undertakings will not be appropriate if the respondent has used or threatened violence against the applicant or a relevant child.
The terms of a Non-Molestation Order can deal with a wide range of activities. The Order may forbid the respondent from threatening violence against the applicant. It may specify that the respondent must not communicate with the applicant by any means – WhatsApp, telephone calls, Snapchat etc. The order may specify a geographical area around the applicant’s home or the child’s school where the respondent must not go.
The speed of response in the Family Court is an attractive feature of Non-Molestation Orders, where immediate action may be vital to the safety of victims and their families. Orders are typically expressed to last for a specified period of time or until further Order of the Court. If a respondent breaches the terms of a Non-Molestation Order then they commit a criminal offence and the action is a contempt of court. An application can be made to commit them to prison for breaching the Order.
Whatever the strategy, if you think that you are the victim of harassment, it is critical that you take immediate action (including considering a report to the police) or seek advice as a matter of urgency.
[1]https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/experiencesofharassmentinenglandandwales/december2023
[2] https://cy.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/domesticabuseinenglandandwalesoverview/november2024
[3] https://cy.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/domesticabuseinenglandandwalesoverview/november2024
[4] [1973] 3 All ER 449
[5] [2025] EWFC 33 (B)
[6] [2020] EWHC 3305 (Fam)
[7] Section 42(2), Family Law Act 1996 (FLA 1996)
[8] Sections 62(3) and (4), FLA 1996
