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Spotlight on stalking Experts FM Family Law unpack the meaning of stalking and discuss how the law can protect its victims N etflix’s Baby Reindeer and subsequent developments involving ‘real-life Martha’ have more than captured the public’s attention, and indeed concern. The show addresses some hard-hitting yet important topics such as harassment and stalking. Viewers
LEGAL SHIELD Safety measures against stalkers include carrying personal alarms and securing your home
may be left wondering how the law operates to protect victims of stalking. What is stalking? Stalking and harassment is when someone repeatedly behaves in a way that makes the victim feel scared, distressed or threatened. It can often be combined or overlap with other offences like harassment. Stalking and harassment come in different forms, and anyone can become a victim. Both are criminal offences under the Protection from Harassment Act 1997. Stalking and similar behaviours which take place in the context of relationships or former relationships are considered forms of domestic abuse. An application can be made to court for an order preventing a perpetrator from contacting the victim or coming near the victim if they need protection – this is known as a non- molestation order. Examples of stalking To assist victims in identifying whether the behaviour they are experiencing may be categorised as stalking, the police have set out four warning signs: (i) Fixated, (ii) Obsessive, (iii) Unwanted, (iv) Repeated. Examples may include: • Following the victim • Standing/loitering in places the victim frequents • Unsolicited gifts • Repeated unwanted communications What you can do If any of the above examples apply, and the behaviour is making you feel fearful, harassed or anxious, then know it is not something you should have to live with; there is help available. This is certainly not an exhaustive list, but here are some practical tips: • Paper trail : Write down what happens and when. Keep copies of letters, text messages and emails. Take screenshots of online messages.
• Do not engage your stalker. • Be physically safe : Carry a personal alarm, vary your daily routines, install an alarm or security camera at home and ensure windows and doors are locked. • Digital check : Turn off location and tagging settings, keep antivirus software up to date and, if you think your devices have been hacked, stop using them. Either take them to a specialist or replace them. • Inform and report : Secrecy fuels stalking behaviour – if nobody knows what’s going on, that gives the stalker the power to keep going. You can report what is happening to the police either by calling 101 (if it’s not an emergency) or 999 (if you are in immediate danger). • Get support : There are many organisations and charities that can help – such as the Suzy Lamplugh Trust and the Paladin Service. • Legal protection : Consider obtaining a non-molestation order.
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If you are – or someone you know is – being stalked or harassed, contact the team of family law experts at FM Family Law. They have extensive experience in obtaining personal protective injunctions like non-molestation orders to end unwanted behaviours, as well as working with criminal law specialists who can advise on the criminal process. For further advice and assistance, call 01223 355333. The information contained in this article is for general informational purposes only and should not be considered legal advice
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