harassment

alanajane

What is the legal explanation of harassment? How bad must it get before I can take it to the Gardai for attention.
At the moment it just consists of apparently harmless texts, FB posts and silent phone calls, but there is a history there and I concerned it will escalate.

Sempai

Section 10 of the Non Fatal Offences against the person act:
Harassment.

10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

(2) For the purposes of this section a person harasses another where—

(a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and

(b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.

(3) Where a person is guilty of an offence under subsection (1), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person.

(4) A person who fails to comply with the terms of an order under subsection (3) shall be guilty of an offence.

(5) If on the evidence the court is not satisfied that the person should be convicted of an offence under subsection (1), the court may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court is satisfied that it is in the interests of justice so to do.

(6) A person guilty of an offence under this section shall be liable—

(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.


Keep a diary of all the calls and messages to FB. Go to your local garda station and make a complaint if you wish to follow it up.

alanajane

Thank you very much for your reply Sempai, thats all I needed to know, I appreciate your advise.

alanajane

I have been keeping notes of all contact, also have a friend who has been harassed by same person who also has notes of times and dates and has given them to, in his case, the police. Thanks again.

BrianD

keep a diary as suggested

Contact your mobile operator and make a complaint. They will advise what to do next.

On Facebook - block the people who are harassing you. If the intensity increases you can report the individuals involved.

MagicSean

If it's phone harassment the somplest thing is to change your number

alanajane

Ohh if only it were as simple as that Seanbeag! Cant/Wont go into it all here. Thank you all for your advise, appreciate it but hopefully it wont come to getting the legal eagles involved but know now what to do if necessary!