Criminal lawyer explains what to do if your neighbour is harassing you
A lawyer has explained when you can report nuisance neighbours to the police
Have you ever fought with your neighbours?
(Image: Hill Street Studios via Getty Images )
Disagreements and altercations with your neighbours can turn everyday life into a tense and uncomfortable experience. So if you find yourself in this position, a lawyer has offered guidance on when you can take your troublesome neighbours' behaviour to the police.
A social media user on TikTok asked: "How do you deal with harassment from a neighbour? I have been polite up to now, but it's getting to the point again where it's every day". Legal expert @crimdlawyer on TikTok said in reply that if incidents have occurred multiple times, "it can be reported to the police".
He added that disputes between neighbours often reach the police when individuals have kept records or set up CCTV cameras. He further stressed that harassment "doesn't have to be in a domestic setting" for the police to step in – it can happen at work or even with "the same person who walks past you" regularly, reports the Daily Record.
Citizens Advice makes it clear that anyone can report harassment to the police, who may then charge someone with criminal harassment if:
The individual has harassed you repeatedly
The harassment caused you distress or fear
Should the police decide to take action, they will involve the Crown Prosecution Service (CPS), which takes people to court in what is termed 'prosecution'. If the CPS chooses not to prosecute, they must let you know.
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In some situations, you're entitled to initiate a civil court case if:
They've harassed you more than once - this includes stalking
The harassment made you feel distressed or alarmed
Harassment is a severe matter that can manifest in various ways, including stalking or causing distress. If you have experienced harassment on multiple occasions and it has caused you distress or alarm, you have the option to pursue legal action.
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The court has the authority to instruct the person harassing you to maintain a distance - this is referred to as obtaining an 'injunction'. Furthermore, the court may grant you compensation. If the individual continues to harass you after an injunction has been issued, they are violating the law and could face imprisonment.
You have the right to go to civil court even if you haven't reported the incident to the police, or if the CPS decided not to prosecute the person who harassed you. This also applies if the CPS prosecuted the person, but the court found them not guilty.
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What exactly is harassment?
According to DFA Law: "Harassment is defined as types of behaviour that 'cause alarm or distress', or 'put people in fear of violence'." They say "this can include threats of violence or an actual act of violence, verbal abuse, threats or actual damage to property or possessions, as well as written forms of abuse or threats. Broadly, neighbour harassment is any act or behaviour from a neighbour that disturbs peace or security, or causes unnecessary inconvenience."
It's recommended to maintain a record of incidents, such as: 23/4/22 – loud music – 10.30pm to 1.30am – requested neighbour to lower music volume multiple times but was met with threats of violence, now considering legal counsel.
They also noted: "There is case law for harassment, and for harassment to merit legal intervention, there must have been a 'course of conduct', or more than two related instances of harassment. The behaviour does not need to have been violent, but must have caused some alarm or distress, or have an element of oppression."
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