Harassment / Stalking

We recognise the profound personal and legal implications that come with being accused of harassment or stalking. These are serious allegations that can lead to significant criminal penalties and have lasting effects on your personal life, employment, and reputation.

Whether you are navigating the early stages of a police investigation or facing formal charges, it’s essential to understand the law and take strategic legal steps from the outset.

The Legal Framework

The offences of harassment and stalking are primarily governed by the Protection from Harassment Act 1997, specifically under:

• Section 2 – Harassment

• Section 2A – Stalking

• Section 4 – Harassment causing fear of violence

• Section 4A – Stalking involving fear of violence or serious alarm or distress

These laws are designed to protect individuals from persistent and unwanted conduct that causes them alarm, distress, or fear.

What is Harassment?

Harassment typically involves a course of conduct that occurs on more than one occasion. The behaviour does not need to be identical each time but must be unwanted, targeted, and capable of causing distress.

Examples of harassment include:

• Repeated text messages or phone calls

• Unsolicited emails or letters

• Voicemails or unwanted gifts

• Contact via social media or third parties

If the behaviour is found to include threats or actions that cause the victim to fear violence, the charge may be elevated to a Section 4 offence, which carries more severe penalties.

What is Stalking?

Stalking shares similarities with harassment but focuses more specifically on repetitive and intrusive behaviours. A person does not need to make direct threats to be charged with stalking. The law recognises that continuous, unwanted surveillance or contact—whether physical or digital—can be deeply distressing.

Examples of stalking behaviours:

• Following someone in person

• Repeatedly watching or spying on someone

• Tracking a person’s online activity

• Sending excessive or anonymous messages

• Creating fake profiles to initiate unwanted contact

Stalking can be elevated to a Section 4A offence if it results in fear of violence or serious alarm and distress, leading to greater legal consequences.

How Are These Cases Investigated?

Police investigations into harassment and stalking are often technology-driven. Officers may:

• Download and analyse mobile phone data

• Use IP or ISP tracking to determine online activity

• Collect CCTV/Ring door bell or location data

• Seek statements from witnesses, friends, or family

• Review emails, social media activity, or any online footprint

Even if a suspect believes their actions were not harmful, the perceived impact on the complainant is often central to the prosecution's case.

Facing Allegations? Here’s What You Should Know

Being accused of harassment or stalking can feel overwhelming—but you are entitled to defend yourself. At Kelly Blake Legal, we understand how these situations can arise out of miscommunication, relationship breakdowns, or false allegations. Our role is to ensure your side of the story is heard and your legal rights are protected.

We can assist you by:

• Representing you at the police station or during interviews under caution

• Preparing a strategic defence that reflects the context and facts

• Challenging the admissibility or reliability of digital evidence

• Supporting you through court proceedings

Let Us Help You Take Back Control

If you've been accused of harassment or stalking, the earlier you seek legal advice, the better your chances of protecting your rights and limiting the damage. These offences are taken seriously by the police and courts—but with expert representation, you can regain control of the process.