Protection from Harassment Act 1997 (Civil Section) - Getting help from the criminal justice system - Practical Help - Domestic Violence Forum - The London borough of Barking and Dagenham.

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Getting help from the criminal justice system

Protection from Harassment Act 1997 (Civil Section)

The Protection From Harassment Act (1997) contains both civil and criminal law (please refer to the information given in the section on getting protection from the Criminal Justice System for further information about the criminal aspects of this legislation).

If you are being harassed (by your ex partner or any of their associates) and you are not able to get the help you need from a non - molestation order (e.g. you are not recognised by the courts as 'legally associated' to your abuser/s perhaps because you have only been going out for under six months) you may wish to apply for an injunction under the PFHA.

If you are applying for a civil injunction (called a restraining order) under this legislation you will need to get legal advice on how to obtain an injunction and may have to pay court costs and/or solicitor's costs.

If the court grants a restraining order ordering your abuser/s (which could include named members of their family and/or friends) not to harass you and they breach (break) the terms of the order then you can apply for a warrant for their arrest.

If your abuser/s breaches the order again this will constitute a criminal offence for which your abuser/s may be imprisoned for up to five years. Your abuser/s may also be given an unlimited fine by the courts.

As with Family Law Act injunctions it is up you to inform the court when your abuser breaches an order but it is up to the courts to decide how best to punish them.

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Barking and Dagenham Domestic Violence Forum