Stalking, Harassment & Malicious Communication Solicitors

Allegations of stalking, harassment and malicious communications often arise from disputed accounts of events, misunderstandings or situations that have escalated over time. They commonly occur following the breakdown of personal relationships, neighbour disputes, workplace disagreements and activity on social media platforms.

Early specialist legal advice is essential where an allegation has been made. The initial stages of a police investigation are often critical, and the steps taken at this stage can have a significant impact on the outcome of a case.

Securing experienced legal representation from the outset can be instrumental in protecting your position and achieving the best possible outcome.

Harassment Offences

Harassment is a criminal offence that involves repeated unwanted behaviour directed at a person that causes alarm or distress. To be considered harassment, the behaviour must generally occur on two or more occasions. The behaviour does not need to be the same each time, but it must be unwanted and targeted.

Examples of harassment may include:

• repeated unwanted contact,
• persistent messaging, texts, emails, or other communications,
• posting abusive content on social media,
• ongoing abuse or damage to property,
• making unwanted or offensive phone calls,
• standing outside someone's home or repeatedly driving past it.

Harassment involving fear of violence is a more serious offence. This occurs when there are two or more incidents of harassment that cause a person to fear that violence may be used against them.

Harassment offences are commonly prosecuted under the Protection from Harassment Act 1997.

Stalking Offences

Stalking is often described as a more serious form of harassment involving a pattern of behaviour directed at another person that may be considered obsessive, fixated or intrusive.

Examples of stalking may include:

• watching, spying or monitoring a person's movements or activities,
• monitoring the use by a person of the internet, email or other electronic communications
• going uninvited to a person's home, workplace, or other locations,
• following a person,
• repeated unwanted communications by phone, email, text message or social media.

In more serious cases, stalking allegations may involve claims that the conduct caused another person to fear violence or suffer serious alarm or distress that had a substantial impact on their day-to-day activities.

Online Stalking or Harassment

Stalking or harassment allegations are increasingly linked to conduct that takes place online, through mobile devices, apps, social media or other digital platforms, or by using other technology such as tracking devices.

Online stalking or harassment may include:

• threatening to disclose private information, photographs or copies of personal communications,
• gaining unauthorised access to a person's email, social media or other online accounts,
• installing tracking software, spyware or similar technology on a person's devices.

Malicious Communications

Malicious communications offences involve allegations that a person sent a communication that was indecent or grossly offensive, or cause distress or anxiety to the recipient.

These allegations arise from communications sent through (amongst others):

• WhatsApp,
• Text messages,
• Voice notes,
• Emails,
• Facebook,
• Instagram,
• TikTok.

The context in which a communication is sent is often a critical factor in any investigation or prosecution. A message viewed in isolation may appear threatening, offensive or inappropriate when that was not the sender's intention.

Early legal advice can be vital in assessing the available evidence, identifying potential defences and protecting your position from the outset.

Voluntary Police Interviews

Many stalking, harassment or malicious communication investigations begin long before any decision is made to bring criminal charges. You may be invited to attend a voluntary police interview, arrested for questioning or released on bail during an investigation while the police gather evidence.

The police station stage of an investigation is often critical and can have an impact on the progress of your case. Our criminal defence solicitors will provide clear legal advice, ensure you understand your rights, help you make informed decisions and fully prepare you for every stage of the process.

How KANGS Can Help

If you have been accused of stalking, harassment, sending malicious communications, or causing someone distress or anxiety, obtaining specialist legal advice from our defence solicitors before speaking to the police can make a substantial difference to your case.

Our experienced criminal defence solicitors can assist by:

• representing and advising you during police station interviews, whether under arrest or attending voluntarily,
• engaging with the police and prosecuting authorities on your behalf,
• preparing detailed pre-charge representations,
• challenging weak, inconsistent or unreliable evidence,
• identifying and advancing available legal defences, such as showing your conduct was reasonable,
• representing you before the Magistrates' Court and Crown Court, and
• providing clear advice, practical support and regular communication throughout your case.

Whether you are facing allegations of threating behaviour or have been falsely accused of causing someone to fear that violence will be used against them, our experienced defence solicitors will provide strategic legal advice and robust representation to achieve the best possible outcome.

We act for clients throughout England and Wales, from our regional hub offices in London, Birmingham and Manchester. Contact us for a confidential consultation. Our experienced team is here to guide you through every step of the legal process and fight for the best possible outcome.