Stalking and the Law in NI

23 November 2023

Many people associate the notion of stalking as something experienced only by those in the public eye and not by ordinary people in their ordinary lives.   However, according to the National Stalking Helpline, a large proportion of people who contact them are being stalked by people they have previously been in a relationship with, while a further one third will have had some prior acquaintance with their stalker.

What is stalking?

Stalking is generally seen as behaviour which is persistent and unwanted, and which causes the victim to feel frightened, anxious and distressed.  This persistent and unwanted behaviour can take many forms, including the following:-

  • Following, observing and spying on someone.
  • Non-consensual communication, such as repeated phone calls, emails, text messages, and unwanted gifts.
  • Showing up uninvited at the victim’s home school, or work.
  • Driving past the victim’s home or work.
  • Burglary or robbery or criminal damage of the victim’s home, workplace, vehicle or other property.
  • Threatening the victim, their family, or even pets with violence.
  • Harassment of people associated with the victim (e.g. family members, partner, work colleagues).
  • Physical and/or sexual assault of the victim.
  • Cyber stalking – i.e. conduct or communication via electronic devices which are intended to distress or harass the victim – for example, sending or leaving unsolicited material/gifts, graffiti, and/or messages on social networking sites.

How can I protect myself if I am being stalked?

In Northern Ireland, we now have new legislation making stalking a criminal offence. 

The Protection from Stalking Act (Northern Ireland) 2022 came into force in April 2022 and allows for a person to be arrested for stalking if they have engaged in a course of conduct that causes their victim to suffer fear, alarm, or substantial distress. 

This legislation also makes it a criminal offence for a person to behave in a threatening or abusive manner towards a victim which would reasonably cause them to suffer fear and alarm.

If a person is convicted of the offence of stalking, the maximum sentence is imprisonment of up to 10 years. 

hat is a Stalking Protection Order?

The new stalking laws in Northern Ireland include provision for a Court to grant a Stalking Protection Order .Once in force, a Stalking Protection Order prohibits a person from carrying out acts associated with stalking, such as entering certain locations where the victim resides or frequently visits, contacting the victim by any means or approaching the victim. A Stalking Protection Order may also impose requirements for attendance at a perpetrator intervention programme.

How can I protect myself if I am being stalked?

If you are being harassed or stalked, it is vital that you report matters to the Police as soon as possible.  Under our new stalking laws, the police will be able to take steps to investigate bringing criminal charges against your stalker for their behaviour against you.

Can I apply for Orders if I am being stalked?

You may also seek to ask the Court to make Orders against your stalker to protect you from any further harassing or stalking behaviour.   

If you and the person stalking you are family members or if you have lived together in a familial relationship or have a child together, then you can apply for a Non-Molestation Order against them. If a Non-Molestation Order is granted, this individual is restrained from being able to molest, harass, pester, use or threaten violence against you or contact you at all.  If they breach this Order they can be charged with committing a criminal offence. 

If you and the person stalking you are not related to one another via blood or marriage and indeed if the person stalking you is not known to you, you may be able to apply to the Court for a Civil Injunction against that person if there is evidence of two separate incidents of harassment.

Having a stand-alone criminal offence of stalking has undoubtedly given greater powers to the police in NI in tackling complaints of stalking.  This law will allow for more appropriate penalties to be imposed on perpetrators through our criminal Courts. This is a significant development in the law governing domestic abuse and harassment in Northern Ireland.

If you require advice regarding stalking, contact Family Law Partner Karen Connolly on kconnolly@fhanna.co.uk or call 028 9024 3901 for further advice and assistance.