It can be extremely stressful and hurtful to experience harmful behaviour directed towards you. Where you have been the victim of abusive or intimidating behaviour it may be classed as harassment. The law states that a person must not cause another to feel as if they are being harassed, nor should anybody behave in a way that would amount to harassment of another person. This can apply in situations where you experience domestic abuse, receive verbal abuse or threats, stalking or recurring unwanted phone calls. Harassment could be committed by anyone from strangers to those closest to you. Therefore, it can be very emotionally draining and create a hostile or offensive environment at home, work or elsewhere. Nobody should experience such an environment whether committed by an individual or an organisation.
At Glasgow Law Practice we have a long history of working with clients dealing with harassment. There are many options available through the law that are designed to protect individuals from threatening behaviour. We understand the difficulties many people face with harassment every day which is why our team are here to help you.
What Legal Protections are you Afforded?
There are two main remedies available to victims of harassment, namely non-harassment orders and interdict. This page will explain the details of each to aid you in deciding the best course of action. With GLP’s solicitors willing to help you at every opportunity.
Also commonly referred to as restraining orders, if you are being harassed, you can apply to the Sheriff Court for a non-harassment order to stop the abusive behaviour. A non-harassment order will be granted by the sheriff and will prevent another from carrying out a particular action. If the order is breached, they will be liable of a criminal offence. There are certain conditions that must be met before a non-harassment order will be implemented. It will only protect you if the actions were deliberately carried out to cause you alarm or distress and it must have taken place at least twice. Therefore, non-harassment orders also cover acts which are not in themselves unlawful but which cause you alarm, distress or puts you in fear of violence.
A non-harassment order can be taken out against any person who is causing you distress or alarm. However, it will only be granted in situations where you know the identity of the person harassing you.
Breaching a non-harassment order is a criminal offence and the person subject to the order could face up to five years in prison and/or an unlimited fine.
How can I Obtain a Non-Harassment Order?
It is not necessary in all circumstances to go to court in order to receive a non-harassment order, however, in some situations it may be necessary to go to court to give evidence regarding the abuse. In these situations, Glasgow Law Practice will help you build your case carefully and supportively. At court, the sheriff will then decide whether it would be reasonable under the circumstances to grant the order. The sheriff will then either grant or decline the order, award damages to compensate for anxiety or any financial loss suffered or alternatively grant an interdict.
An interdict is a civil remedy that is available to individuals that essentially prevents or prohibits wrongful conduct. It is available through the courts of Scotland and acts to proactively prevent conduct and to restore normal circumstance as they were before the harassment occurred. As such, an interdict operates in a similar manner to non-harassment orders and can be used to prevent a person from coming near yourself, your home or your family. As with non-harassment orders, if an interdict is not complied with it holds criminal penalties and the police should be contacted immediately in such cases.
Contact our Interdict and Non-Harassment Order Lawyers Glasgow
If you feel as if you are being harassed, or experiencing any distress caused by another person, then contact us today to find out more about non-harassment orders and orders of interdict. Our highly experienced lawyers are trained in advising and representing clients pursuing non-harassment orders. Glasgow Law Practice solicitors understand the anxiety and distress repeated harassment can cause, not only to you, but also to your family and those closest to you. We understand that every family is different and that each case has its own unique set of circumstances. Therefore, we pride ourselves on treating each of our clients as an individual, with the care and respect they deserve. Our team will work alongside you and support you through the process to build a strong case to verify your claim and will use our extensive experience to protect your interests in court when necessary. To find out how the team at Glasgow Law Practice can help you, contact us today.