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National Stalking Awareness Week

View profile for Harriet Starkey
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This year, National Stalking Awareness Week will take place on 21st April – 27th April 2025 and the aim is to raise awareness around the signs of and how to spot stalking. It is estimated 1 in 5 women, and 1 in 10 men will experience stalking in their lifetime. Throughout England and Wales between April 2021 and March 2022, an estimated 1.8 million people were impacted by stalking.

What is stalking?

Stalking is a form of harassment and is governed by the Protection from Harassment Act (PHA) 1997. Section 2A (3) PHA 1997 sets out examples of acts which are often associated with stalking, this can include:

  • Following a person;
  • Contacting, or attempting to contact, a person by any means;
  • Publishing any statement or other material relating or purporting to relate to a person, or purporting to originate from a person;
  • Monitoring the use by a person of the internet, email, or any other form of electronic communication;
  • Loitering in any place (public or private);
  • Interfering with any property in the possession of a person;
  • Watching or spying on a person.

This list is not exhaustive, and the Criminal Prosecution Service (CPS) are told to consider the offending behaviour in its’ entirety when deciding whether the behaviour amounts to “stalking”. To help victims identify what may amount to stalking, the police have set out a pattern of four behaviours namely: Fixated, Obsessive, Unwanted and Repeated (FOUR).

What protection is available to me if I am a victim of stalking?

Stalking Protection Orders (SPO) were introduced by the Stalking Protection Act 2019, these are civil orders which only the police can obtain, via the magistrates’ court. An SPO can prohibit a perpetrator from entering certain locations or making contact with the victim, whether via phone, social media or other means of communication, including via a third party. It is also possible for the court to impose positive requirements on the perpetrator, such as to attend an intervention programme, undergo a mental health assessment, or drugs/alcohol rehabilitation programme or surrender their devices. It is a criminal offence to breach an SPO, without a reasonable excuse, and the CPS are involved in prosecuting breaches of these. A breach of an SPO carries a maximum punishment of up to 5 years imprisonment and/or a fine.

Despite SPOs coming into force in January 2020, research shows these protective orders are not being frequently used by UK police forces. The BBC, through a freedom of information request, found that between 2020 – 2023 only 1,439 SPOs were issued by the 40 forces who responded to the request. Whereas, throughout the same period, across the UK’s 44 police forces, a total of 440,000 cases of stalking were recorded. The Suzy Lamplugh Trust, a personal safety charity and leading stalking authority, submitted a super complaint in 2022 about how stalking was being dealt with by police forces. The response was published in September 2022, following an investigation and the report can be read here.

How can I protect myself?

If the stalker is a family member, or former partner, an application for a Non Molestation Order (NMO) could be made to the Court. There is a requirement for a NMO that the person applying for the order and the person who will be subject to the order are ‘associated persons’, as defined in Section 62 of the Family Law Act (FLA) 1996. A few examples include people that are married, civil partners, cohabitants or former cohabitants, relatives, or those who have a child together.

An application for a NMO can be made by a victim themselves, or with the advice and assistance of a legal representative. The application can also be made ‘without notice’ (referred to as ex-parte) meaning the Order could be granted by the Court without the respondent knowing about the application. Following an ex-parte order being granted, if the Court is persuaded to grant such an order, the Order would need to be personally served upon the respondent to ensure they are aware of the existence of the Order. The Court would then list the matter for a return hearing to give the respondent an opportunity to make representations. A breach of a NMO is a criminal offence and carries a maximum punishment of up to 5 years imprisonment and/or a fine.  

What support is available for victims?

At Johnson Astills we can offer you legal advice and support, however there is a wide range of additional support services out there for victims of stalking. These include:

There is further specialist support for those subject to online stalking or harassment, including the  Revenge Porn Helpline and The Cyber Helpline. Further support services available can be accessed here.

How can Johnson Astills help?

Whilst we cannot assist in obtaining a Stalking Protection Order, we can offer you legal advice and support in relation to a Non Molestation Order. If you or someone you know is being subjected to domestic abuse and/or is a victim of stalking, please get in touch with Johnson Astills today and we can discuss your situation further. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Family Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.