22/05/2024
BABY REINDEER
Recent Netflix phenomenon ‘Baby Reindeer’, created by and starring Richard Gadd is a dramatized account of the stalking and harassment he endured whilst working in a local pub in London named the Hawley Arms. Over 65 million people worldwide have tuned in to watch the Netflix Show which highlights the crippling effects stalking and harassment can have on its victims. It leaves us to question, how are victims meant to protect themselves from ongoing harassment/stalking?
Here at Gowans Dickson Solicitors, we often advise clients in relation to the Protective Orders which are available to them through the Civil Courts in Scotland.
Non-Harassment Order
A Non-Harassment Order is an Order that the Court can make to prevent a perpetrator from continuing with a course of conduct which equates to harassment in the form of fear, alarm and distress. When dealing with the issue of harassment, we can turn to Section 8 of the Protection from Harassment Act 1997. This Section details that every individual has a right to be free from harassment and as a result, a person must not pursue a course of conduct which amounts to harassment of another and is intended to amount to harassment of that person or occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person. But what does this look like in theory? It can include stalking, unwanted emails, text messages and letters, repeated phone calls, abusive and threatening behaviour, whether physically or emotionally.
As noted, Section 8 makes reference to harassment and course of conduct. It is clear that the harassment in question must cause the person fear, alarm or distress. The conduct is the action which results in the fear, alarm or distress which could be through the methods as stated above, so long as it has occurred on at least two separate occasions.
Interdict
An Interdict is implemented to prevent an individual from carrying out some form of activity/behaviour which breaches the rights of others. The activity/behaviour complained of must involve wrongdoing. It is possible to attach a Power of Arrest to an Interdict in Scotland. A Power of Arrest provides Police Scotland with the authority to arrest the perpetrator should it be believed that they have breached the terms of the Interdict awarded by the Court. The Court must be satisfied that the ‘balance of convenience’ favours the granting of the order in the first place. The Court typically take the view that there is no prejudice to the perpetrator in allowing the Interdict to remain.
Exclusion Order
An Exclusion Order may be implemented by the Court to suspend the right of occupancy of either spouse in a marriage in terms of the matrimonial/family home. The test for exclusion is two-stage in Scotland. The Court must consider whether the order is necessary for the protection of the applicant or any child of the family and where it is so satisfied it must also consider whether granting the order is unjustified or unreasonable. The Court must believe it is necessary to protect the applicant or any child of the family from any conduct threatened or reasonably apprehended conduct which is or would be injurious to the physical or mental health of the applicant or child. In making such an order the Court will require proof which is typically in the form of Affidavits (i.e., sworn statements).
If you or someone you know is struggling with harassment/stalking please inform Police Scotland. Please call us on 01463 710 677 in order to better understand the Protective remedies available to you.
