Harassment & Stalking

If you are under investigation or facing charges for harassment or stalking in Manchester or anywhere in the North of England, you need immediate and expert legal representation.

 

These are serious allegations that can have profound impacts on your freedom, reputation, and future. As Joe Rawlings, I specialise in providing a robust defence for individuals accused of offences under the Protection from Harassment Act 1997.

 

With over 25 years of dedicated practice, I have built a reputation for proactive defence, strategic insight, and achieving the best possible outcomes for my clients.

 

I understand the complexities and nuances of harassment and stalking cases, which often involve emotionally charged situations and can sometimes arise from misunderstandings or false allegations.

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My priority is to protect your rights from the very first contact with the police.

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Understanding Harassment Charges in UK Law

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The legal definition of harassment, as outlined in the Protection from Harassment Act 1997, is conduct that causes another person alarm or distress. Crucially, to prosecute an individual under this Act, the conduct must involve a "course of conduct," meaning two or more incidents by the same person or group.

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The court will objectively assess whether the alleged victim's experience constitutes harassment, considering whether a "reasonable person" would consider the behaviour to be harassment. This involves a detailed examination of the evidence and the context of the alleged incidents.

 

Defending Stalking Allegations in the UK

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Stalking became a specific criminal offence under the Protection from Harassment Act 1997 (as amended) in November 2012. While not exhaustively defined in legislation, it typically alleges a pattern of fixated and obsessive behaviour directed at another person.

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Common behaviours that can constitute stalking include:

• Following a person or loitering near their home, workplace, or other locations.

• Persistent unwanted contact through any means (calls, texts, emails, social media).

• Publishing or threatening to publish material about them (including intimate photos, often referred to as "revenge porn").

• Monitoring their online activity or movements.

• Interfering with their property.

• Spying on them.

 

To prove stalking, the prosecution must demonstrate a "course of conduct" (a minimum of two examples) that constitutes harassment or stalking, and that the alleged victim was caused serious alarm or distress which had a "substantial adverse effect" on their usual day-to-day activities.

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Penalties for Harassment & Stalking Offences

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The maximum prison sentence for general harassment and stalking offences (Section 2 and 2A of the Act) is six months.

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However, if the prosecution can demonstrate that the conduct caused the complainant a fear of violence, or in the case of stalking, caused "serious alarm or distress which has a substantial adverse effect on the victim’s usual day to day activities," the maximum prison sentence can be increased to five years under Section 4 or 4A of the Act, respectively.

 

These are considered much more serious charges.

 

My role is to meticulously analyse the evidence to challenge the level of harm or fear alleged, aiming to reduce the severity of any potential charges or penalties.

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Police Interviews & Pre-Charge Representation for Harassment & Stalking

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If you've been invited for a voluntary interview under caution, or if you're under investigation for harassment or stalking but not yet charged, it is imperative to instruct a specialist solicitor immediately.

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I adopt a proactive, pre-charge approach. This means engaging directly with investigators, robustly challenging the prosecution's evidence, and submitting persuasive written representations.

 

My goal is to prevent charges from being brought against you in the first place, saving you immense stress, cost, and the potential impact of a criminal record. Early intervention can be pivotal to the outcome of your case.

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Restraining Orders, Non-Molestation Orders & Their Implications

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Beyond criminal charges, individuals accused of harassment or stalking may also face civil orders that carry significant criminal consequences if breached.

 

I provide comprehensive advice and representation regarding these, including:

• Restraining Orders: Even if a person is not convicted of a harassment or stalking offence, the criminal court may still issue a protective Restraining Order under the Protection from Harassment Act 1997 to safeguard the alleged victim. While it is possible to successfully oppose such applications, if an order is granted, breaching a Restraining Order is a separate criminal offence punishable by up to five years' imprisonment.

• Non-Molestation Orders (NMO): These are injunctions issued by the Civil Courts (often prior to any criminal charges) to prevent harassment or molestation. Breaching a Non-Molestation Order is a serious criminal offence and can lead to immediate arrest and imprisonment.

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Understanding the conditions and implications of these orders is vital, as a breach can lead to immediate arrest and further criminal proceedings. My role extends to advising you on these orders, challenging their imposition where appropriate, and defending you vigorously if you are accused of a breach.

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Why Choose Joe Rawlings for Your Harassment or Stalking Defence?

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When facing allegations of harassment or stalking, you need a defence solicitor who truly understands the law and its nuances. As Joe Rawlings, I offer:

• Unrivalled Experience: With nearly 25 years of practice, I have extensive experience defending the full range of harassment and stalking allegations.

• Proactive & Strategic Defence: My pre-charge engagement strategy is designed to intervene early, often preventing charges or significantly strengthening your position.

• Discreet & Empathetic Approach: I handle every case with the utmost discretion, understanding the profound impact these sensitive allegations can have on your reputation and personal life.

• Comprehensive Legal Insight: I am adept at dissecting the "course of conduct" evidence, challenging the interpretation of "alarm or distress," and robustly defending against both criminal charges and restrictive orders.

• Results-Driven Focus: My priority is always to achieve the best possible outcome for you, whether that's an acquittal, a charge reduction, or preventing charges altogether.

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Facing Harassment or Stalking Allegations? Contact Joe Rawlings for Expert Defence.

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If you are under investigation or facing charges related to harassment or stalking, the need for immediate, specialist legal advice cannot be overstated. With nearly 25 years of dedicated experience, I, Joe Rawlings, am here to provide the robust defence and clear guidance you need during this challenging time.

 

Don't face these serious accusations alone. Your freedom and reputation depend on expert intervention.

 

Contact Joe Rawlings Directly for a Confidential Consultation Today.