Applying for a Harassment Injunction
How to apply for a civil injunction under the Protection from Harassment Act 1997 to stop someone from harassing you.
Przegląd
The Protection from Harassment Act 1997 (PHA) created a civil cause of action that allows victims of harassment to apply to the County Court or High Court for an injunction to stop the harassment and/or claim damages. Section 1 PHA prohibits a course of conduct (at least two incidents) that amounts to harassment of another person. Breach of an injunction is a criminal offence (s.3(6) PHA) and carries up to 5 years' imprisonment. An emergency injunction can be obtained without notice (ex parte) in urgent cases.
Proces krok po kroku
Document the Harassment
Gather evidence of at least two incidents of harassment. Preserve screenshots, emails, text messages, social media posts (with URLs and timestamps), voicemails, witness statements, and any physical evidence. Make contemporaneous notes of each incident with dates, times, what was done or said, and any witnesses. The 'course of conduct' requirement means you need to show a pattern, not a single incident — though a very serious single act may constitute stalking under the more specific ss.2A and 4A PHA.
- Preserve evidence immediately — messages can be deleted and social media posts removed
- Screenshot evidence should show the URL and timestamp clearly
- Report each incident to the police to create a formal record (even if no action is taken)
- Keep a harassment diary: date, time, what happened, witnesses, impact on you
Consider Instructing a Solicitor and Sending a Warning Letter
Before applying for an injunction, consider sending a formal warning letter (either personally or via a solicitor) making clear that the conduct constitutes harassment and demanding that it stop. This letter can itself be used as evidence and demonstrates that the harasser was put on notice. If you are at risk of violence or immediate harm, go directly to the court for an emergency ex parte injunction without sending a warning letter first.
- A solicitor's letter is often more effective than a personal letter — it signals seriousness
- Many solicitors in harassment cases work on a Conditional Fee Agreement (no win no fee)
- If the harassment is domestic, also consider a Non-Molestation Order under the Family Law Act 1996
- The National Stalking Helpline (0808 802 0300) provides free advice
File the Claim (N1 or N16A) and Injunction Application
File a claim form (N1) in the County Court (or High Court for very serious cases) claiming an injunction and/or damages. At the same time, file an application for an injunction (form N16A) supported by a witness statement setting out: the course of conduct, the specific incidents, the impact on you, and why an injunction is necessary. If urgent, you can apply for an ex parte (without notice) injunction — the court can hear this on the same day in emergencies.
- The court fee for an injunction application (with hearing) in the County Court is currently £308 for a claim up to £5,000 or per the value of the claim if higher
- An ex parte injunction will be followed by a return date hearing (within days to 2 weeks) at which the defendant can oppose the order
- A Power of Arrest can be attached to a harassment injunction — breach then allows immediate police arrest
- In domestic cases, a Non-Molestation Order (Family Law Act 1996) often provides faster and cheaper protection
Serve the Order on the Defendant
Once the court grants an injunction, it must be served on the defendant before it can be enforced for breach. Service can be personal service (a process server hands the order to the defendant) or, in urgent cases, the court may permit substituted service (email, leaving at their address, etc.). The order must be personally served to be certain of enforcement for contempt of court.
- Use a professional process server — service must be provable in court
- Obtain an affidavit or certificate of service from the process server
- Costs of personal service are usually recoverable from the defendant if you ultimately win
Enforce the Injunction on Breach
If the defendant breaches the injunction, you have two options: (1) report the breach to the police (it is a criminal offence under s.3(6) PHA — up to 5 years' imprisonment); (2) apply to the court for committal for contempt of court (civil enforcement). In practice, both routes can run concurrently. Keep a record of every breach with evidence. Contempt proceedings require the breach to be proved beyond reasonable doubt.
- Call 999 if the breach involves any threat or risk of violence
- File a contempt application (Form N78) promptly after any breach
- A court can impose up to 2 years' imprisonment for contempt of court
- If the criminal route is taken, contact the Crown Prosecution Service to ensure the injunction and criminal proceedings are coordinated
Koszty
Ważne ostrzeżenia
An ex parte (without notice) injunction is made on a temporary basis — the defendant has the right to contest it at a return date hearing. You must be able to sustain the application at that hearing.
A civil harassment injunction does not replace a non-molestation order in domestic violence cases — the FLA 1996 order is often faster and has automatic police powers attached.
Never take the law into your own hands in response to harassment — any retaliatory conduct can undermine your court application and could lead to proceedings against you.