Duncan Lewis Solicitors can assist a person to apply for a Protection from Harassment Order. Legal aid is available for applications for a Protection from Harassment Order.
Harassment is when a person behaves in a way, which is intended to cause another distress or alarm. Such behaviour must occur on more than one occasion and can include but is not limited to a text, answer phone message, letter or email, a comment, threat, an act of violence , damage to someone’s property and reporting you to the police when you have not done anything. The behaviour can be the same type of behaviour or different types of behaviour on each occasion. The incidents of harassment could have happened recently or months apart.
When considering whether you have been harassed, the court will consider whether a reasonable person who has the same information would view it as harassment.
A Protection from Harassment Order can help someone who is being harassed. You can apply for this order to prevent you from being physically abused, being contacted by your abuser directly or indirectly, prevent your abuser from going to your place of work or home address or the school of any children you have.
Protection from Harassment Orders are usually applied for when your relationship with the abuser does not come under the definition of “associated person” which is required if you are applying for a Non Molestation order. The Order can be applied for by, the person who is to be protected by the order, a relevant third party (such as the local authority where a child is involved) and any other person with permission of the court.
In order for an application to be made, an application form and Statement in support have to be filed with the Court. Once issued the documents have to be served upon the Respondents. The initial hearing can take place on notice (with the respondents being present) or without notice (without the respondents being resent) if circumstances require. The Court can make Interim Orders if outstanding disclosure is required and upon conclusion of the proceedings make Final Orders.
The Civil Courts can deal with breaches of a Protection from Harassment Order. Duncan Lewis Solicitors can also assist with lodging any application for breach of an order before the Civil Court if required.
Duncan Lewis Solicitors have specialist solicitors who represent clients in this niche area of law. Please visit our website or call us directly on 033 3772 0409
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