Harassment and stalking: the line between persistent contact and criminal behaviour

Harassment becomes a criminal matter when a person's conduct causes alarm or distress on at least two occasions. Stalking is a specific form of harassment that involves fixated or obsessive behaviour. The first paragraph of HS Criminal Law explains that both offences sit within the Protection from Harassment Act, but they are prosecuted and sentenced differently depending on what the prosecution can prove.

The legal threshold for harassment

The Protection from Harassment Act creates two offences: harassment itself, and putting someone in fear of violence. Both require a course of conduct — that is, behaviour on at least two occasions. A single incident, however serious, does not meet the threshold.

The prosecution must show that the defendant knew, or ought to have known, that their conduct amounted to harassment. What a reasonable person would consider harassing sets the standard. Distress, alarm or fear in the victim must result from the behaviour.

Common examples include repeated unwanted messages, following someone, loitering outside their home or workplace, or making persistent phone calls. The behaviour does not need to involve threats; persistent unwanted contact alone can satisfy the test.

When fear of violence elevates the charge

A separate, more serious offence arises when the course of conduct causes the victim to fear that violence will be used against them. That fear must be reasonable in all the circumstances. This version carries a higher maximum sentence and reflects the greater harm caused.

How stalking differs from harassment

Stalking was added to the Act as a distinct offence. It requires the same course of conduct as harassment, but the behaviour must also be associated with stalking. The law lists examples: following, watching or spying, monitoring use of the internet or electronic communication, loitering, interfering with property, or making persistent unwanted contact.

The defining feature is the fixated or obsessive nature of the conduct. Where harassment can be persistent but unfocused, stalking involves a pattern that centres on the victim in a way that intrudes on their daily life. The list in the Act is not exhaustive; other behaviour can qualify if it carries the same character.

As with harassment, there is a more serious version of the stalking offence: stalking involving fear of violence or serious alarm or distress. This acknowledges that sustained, obsessive conduct can cause psychological harm even without a direct threat.

Penalties and sentences

The basic harassment offence is summary-only, with a maximum sentence of six months' imprisonment. Putting someone in fear of violence, or stalking involving serious harm, can be tried in the Crown Court and carries a maximum of ten years. The court considers the duration, frequency and impact of the behaviour when passing sentence.

A conviction often results in a restraining order, which prohibits further contact or approach. Breach of that order is itself a criminal offence, punishable by up to five years in prison. The order can run for a fixed period or indefinitely, and it can be imposed even if the defendant is acquitted of the underlying offence.

Civil remedies: injunctions and non-molestation orders

Victims can apply for a civil injunction under the Protection from Harassment Act without waiting for a criminal prosecution. The court can grant an order forbidding the defendant from specific conduct if it is satisfied that harassment has occurred and is likely to continue. Breach of a civil injunction can lead to arrest and up to five years in prison.

Where the parties are connected — former partners, family members or people who have lived together — a non-molestation order under the Family Law Act may be more appropriate. These orders are handled in the family court and can be obtained more quickly. The standard of proof is lower than in criminal proceedings, and the victim does not need to show that conduct occurred on two occasions if there is a risk of future harm.

Both routes run alongside criminal proceedings. A victim can pursue an injunction while the police investigate, and the existence of a criminal charge does not prevent the civil application. In practice, many victims choose the civil route first because it offers immediate protection without the burden of a criminal trial.

Defences and what the accused must show

The Act provides three statutory defences. The first is that the conduct was pursued for the purpose of preventing or detecting crime. The second is that the conduct was reasonable in the particular circumstances — for example, legitimate debt collection or journalism carried out proportionately. The third applies where the conduct was authorised by law, such as lawful surveillance by public authorities.

Each defence places a burden on the defendant to raise evidence that supports it. The prosecution does not need to disprove a defence unless the defendant has pointed to facts that make it a live issue. In practice, the reasonableness defence is the most commonly argued, and it requires the court to balance the defendant's purpose against the impact on the victim.

When context matters

Not every repeated contact is harassment. Legitimate communication — a landlord chasing rent, an employer requesting attendance, or a parent seeking contact with a child — can be persistent without crossing the line. The question is whether the behaviour, judged objectively, amounts to harassment. A defendant who continues contact after being told to stop has weaker ground to stand on.

Evidence and what strengthens a case

Documentation is critical in harassment and stalking cases. Messages, emails, call logs, photographs of the defendant at the victim's address, and witness statements from neighbours or colleagues all help to establish the course of conduct. The victim's own account is evidence, but corroboration makes the case stronger.

Impact statements play an important role. The court considers how the behaviour affected the victim's daily life — whether they changed their routine, felt unable to leave home, or suffered anxiety or fear. This evidence goes to sentence as much as to proof of the offence itself.

Electronic evidence requires care. Screenshots should show dates and times. Where the defendant uses multiple accounts or numbers, the prosecution must link them to the same person. Metadata from emails or messages can sometimes establish that link.

Reporting harassment and what happens next

Victims should report harassment to the police as soon as a pattern emerges. A single incident may not be enough, but recording it creates a starting point if further conduct follows. The police will assess whether there is sufficient evidence to support a criminal charge and whether a civil route is more suitable.

Where the harassment is ongoing, the police may issue a harassment warning — an informal notice that the conduct must stop. Breach of the warning does not result in immediate arrest, but it strengthens the case for prosecution if the behaviour continues. The warning itself is not a criminal record, though it is kept on file.

If the police decide not to charge, the victim can pursue a private prosecution or apply directly for an injunction. Legal aid is available for injunctions in harassment cases where the victim meets the financial test and can show that they are at risk of harm. Guidance on these options is available from Citizens Advice or from a solicitor who specialises in this area.

Steps you can take if you are being harassed

1. Keep a detailed log of every incident: date, time, what was said or done, and any witnesses present.
2. Tell the person clearly that their contact is unwanted and must stop, preferably in writing so there is a record.
3. Report the behaviour to the police and ask for a crime reference number, even if they do not charge immediately.
4. Apply for a civil injunction if the harassment continues and you need immediate protection while the police investigate.
5. Speak to a solicitor about whether a non-molestation order is more appropriate, especially if the person is a former partner or family member.

What to avoid while gathering evidence

Do not respond to the harassment or engage with the person once you have asked them to stop. Continued replies can weaken your case by suggesting the contact was not entirely unwanted. Do not follow or confront the person yourself; this can lead to accusations in the opposite direction and complicates the legal position.

When workplace harassment overlaps with criminal law

Harassment at work may fall under employment law, criminal law, or both. Where a colleague or manager engages in a course of conduct that causes alarm or distress, the Protection from Harassment Act can apply alongside internal grievance procedures. The victim does not need to exhaust workplace remedies before reporting to the police.

Employers have a duty to protect staff from harassment, and failure to act can lead to civil claims for constructive dismissal or discrimination. Criminal proceedings and employment claims run on separate tracks. A conviction for harassment can be cited in an employment tribunal as evidence of the conduct alleged.

Restraining orders and how they work in practice

A restraining order sets out what the defendant must not do: contact the victim, visit certain addresses, or come within a specified distance. The terms are tailored to the case. An order can prohibit indirect contact, including through third parties or on social media.

The order is made at the end of criminal proceedings, whether the defendant is convicted or acquitted. The court must be satisfied that it is necessary to protect the victim from further harassment. Once in place, breach of the order is an offence that can lead to immediate arrest and a sentence of up to five years.

If circumstances change, either party can apply to vary or discharge the order. The victim cannot consent to breach; even if they invite contact, the defendant commits an offence by responding. This protects victims who may feel pressured to resume contact.

For more on how court orders operate and what breach entails, the article Court order breach: consequences, penalties and three actions to take covers the procedure. Where injunctions are sought in other contexts, Injunctions in criminal law: three types and what breach means for you explains the distinctions between civil and criminal orders.

How digital harassment is prosecuted

Online conduct is treated the same way as conduct in person. Messages sent via email, text, social media or messaging apps all count towards the course of conduct. The location of the sender does not matter; what matters is the impact on the victim in England and Wales.

Creating fake profiles, posting about the victim, or sharing their personal information with intent to cause distress can all amount to harassment. The prosecution must still prove that the defendant knew or ought to have known that the conduct was harassing. Anonymous accounts can be traced through IP addresses or device data, though this requires cooperation from service providers.

Where the harassment includes threats, the Communications Act may also apply, creating a separate offence of sending a message that is grossly offensive or of an indecent, obscene or menacing character. Prosecutors often charge both offences where the facts support them.

If you are experiencing harassment or stalking, you do not need to wait for it to escalate before seeking help. The law recognises that repeated unwanted contact is harmful in itself.

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