Protection from Harassment Act 1997: How the Law Protects You

Part of: Non Molestation Order

The Protection from Harassment Act 1997 makes harassment unlawful in England and Wales. It forbids a course of conduct that harasses another person, and section 2 makes that a crime. You can also sue for damages and ask a court to order the person to stop (s.3).

This guide takes the Act section by section, from the meaning of a course of conduct to the civil claim. It also explains the practical choice. Between partners and ex-partners, a non-molestation order under the Family Law Act 1996 is usually the faster family court route. A claim under the Act suits people the family court cannot reach, such as an ex’s new partner or a neighbour.

If you are in danger now, call 999. Our guide to domestic abuse helplines explains how to reach the police when you cannot speak. It also lists the free helplines that can talk you through your options.

Not sure which part of the Act fits, or which court to use? You can book a free initial consultation with one of our specialists before you decide.

What is the Protection from Harassment Act 1997?

It is the main harassment law in England and Wales. It creates criminal offences and gives the person harassed a claim in the civil courts. A criminal court can also forbid further contact, even after an acquittal (s.5A).

There is no single harassment act UK-wide. Sections 1 to 7 apply in England and Wales only. Scotland has its own sections in the same Act (ss.8 to 11). Apart from one section, the Act does not extend to Northern Ireland at all (s.14).

Harassment under the Equality Act 2010, such as unwanted conduct linked to a protected characteristic, is a different law (s.26).

Protection from Harassment Act 1997 summary: what each section does

Section 1 sets the rule against harassment, and sections 2, 2A, 4 and 4A make breaking it a crime. You get a civil claim under section 3, and section 7 explains the words the other sections rely on.

What counts as a course of conduct under the Act?

A course of conduct is conduct towards you on at least two occasions that amounts to harassment (s.1(1) and s.7(3)). The person must know, or ought to know, that it is harassment. They ought to know if a reasonable person with the same information would think so (s.1(2)).

Conduct includes speech (s.7(4)), so calls, voice notes and things said to your face count, along with messages and visits. Harassing you also includes alarming you or causing you distress (s.7(2)). The victim has to be an individual, which means a company cannot be harassed under these sections (s.7(5)).

Two occasions are only the minimum. The CPS guidance on stalking or harassment says that fewer and more spread-out occasions make a course of conduct less likely. Incidents link up more easily when they share a type and context, such as the same fixation or motive. Our guide to domestic harassment shows how this plays out between partners, exes and relatives.

Conduct through other people can count as well. If someone aids, abets, counsels or procures another person’s conduct, the law treats it as their conduct too (s.7(3A)). So messages a friend sends for them, or visits they arrange, can form part of their course of conduct.

Section 1(1A) covers a different pattern. It forbids harassing two or more people, on at least one occasion each, to pressure someone (s.1(1A) and s.7(3)(b)). The aim is to make someone act when they need not, or stop them doing what they are entitled to do. The CPS discusses it alongside protests and campaigns, and section 3A gives those affected their own route to an injunction.

What defences does the Act allow?

A person has a defence if they acted to prevent or detect crime, or under a legal power (s.1(3)). They also have one if their conduct was reasonable in the circumstances. For the two fear-of-violence offences, that last defence is narrower. The conduct must have been reasonable to protect themselves, someone else or property (s.4(3) and s.4A(4)).

What is section 2 of the Protection from Harassment Act 1997?

Section 2 makes it a criminal offence to pursue a course of conduct that breaches section 1. Only a magistrates’ court can try it, and the maximum is six months in prison, a fine or both (s.2(2)).

Time matters with this offence. A magistrates’ court cannot try a summary offence unless the case starts within six months (Magistrates’ Courts Act 1980, s.127). According to the CPS guidance, those six months run from the last incident in the course of conduct. So if the harassment stops and you wait over six months, it is too late to prosecute this offence.

What does section 2A add for stalking?

Section 2A makes stalking a separate offence: harassment through acts associated with stalking. The Act gives these examples (s.2A(3)):

• following you
• contacting you, or trying to, by any means
• publishing material about you, or material that claims to come from you
• monitoring your use of the internet, email or other electronic communication
• loitering anywhere, in public or in private
• interfering with your property
• watching or spying on you

It is also tried only in a magistrates’ court, with up to six months in prison, a fine or both. The Act’s text says 51 weeks. That figure applies only to offences committed after section 281(5) of the Criminal Justice Act 2003 starts (s.2A(4) and (5)). Section 2B lets a magistrate issue a police search warrant in a stalking investigation (s.2B). Our stalking legal help page covers the protection available.

What do sections 4 and 4A of the Protection from Harassment Act 1997 cover?

Section 4 covers conduct that makes you fear violence will be used against you, on at least two occasions. Section 4A covers stalking that causes that fear, or serious alarm or distress that substantially affects your daily life (s.4A(1)).

Both offences can go to the Crown Court, where the maximum is ten years in prison (s.4(4) and s.4A(5)). Here too, the court asks what a reasonable person with the same information would think (s.4(2) and s.4A(2) and (3)). A jury that acquits of the serious charge can still convict of harassment or stalking instead (s.4(5) and s.4A(7)).

Section 4B lets these two offences be prosecuted here even if some of the conduct happened abroad. The person must be a UK national or habitually resident in England and Wales (s.4B(1)). If a partner or ex is controlling you rather than stalking you, our guide to coercive control explains that offence.

Can you sue under section 3 of the Harassment Act?

Yes. Section 3 lets you bring a civil claim against anyone who is harassing you, or is about to (s.3(1)). The court can award damages for anxiety and financial loss, and grant an injunction to stop the conduct (s.3(2) and (3)).

The claim follows the Part 8 procedure. It can start in any County Court hearing centre or the High Court (Civil Procedure Rules, r.65.28). It does not depend on a prosecution, and the person does not have to be a partner, ex or relative.

What if the person ignores the court’s order?

You can ask a judge for a warrant for their arrest, supported by evidence on oath (s.3(3) to (5)). Breaking the injunction without reasonable excuse is also a crime, with up to five years in prison (s.3(6) and (9)).

They can be punished for the crime or for contempt of court, but not both (s.3(7) and (8)). Our guide to injunction orders compares this with the other orders a court can make.

How long do you have to bring a claim?

Generally six years. The Act took harassment damages claims out of the three-year personal injury limit (s.6; Limitation Act 1980, s.11(1A)). The six-year limit for claims in tort applies instead (s.2).

Harassment Act claim or family court order: which route fits?

Against a partner, ex or relative, a family court non-molestation order is usually faster, with no fee (GOV.UK). It cannot be made against someone you are not associated with, such as an ex’s new partner or a neighbour. For them, a section 3 claim is the civil route.

You are associated if you are or were married or engaged, live or lived together, or are relatives. Sharing a child counts too, as does an intimate relationship of significant duration (Family Law Act 1996, s.62(3)). GOV.UK treats a relationship of more than six months as long enough.

Breaking a non-molestation order is a crime with up to five years in prison (Family Law Act 1996, s.42A). That is the same maximum as for a section 3 injunction. Our guide to the non-molestation order explains the application. Our guide to power of arrest on non-molestation orders explains what happens when one is broken.

What happened to section 5?

It was repealed on 1 December 2020. A criminal court that convicts someone can now add a restraining order under section 360 of the Sentencing Act 2020. Section 5A still lets a court make one after an acquittal, to protect someone from harassment (s.5A(1)).

Breaking either kind of order carries up to five years in prison (Sentencing Act 2020, s.363 and s.5A(2E)). However, these orders only come at the end of a criminal case. Our guide on how to get a restraining order explains them.

Which part of the Protection from Harassment Act 1997 fits what is happening?

Three questions show which sections may apply, which court could stop it and what to keep from today. This page does not send or store anything you choose.

Protection from Harassment Act 1997: frequently asked questions

General information about the law in England and Wales, not advice on your circumstances.