Every person commits a misdemeanor, punishable with a fine or imprisonment, who wrongfully uses violence to or intimidates any other person, or his wife or children, with a view to compel him to abstain from doing, or to do, any act which he has a legal right to do, or abstain from doing.
) The act of putting another in fear or a state of timidity by means of a threat or declaration of an intention or determination to inure such person by the commission of an unlawful act [Payne v.
It is important that this is accompanied by other action, such as an injunction, to ensure that the behaviour does not reoccur in a new area, or that the perpetrator does not return to the area to intimidate those who assisted the eviction action.
Intimidation or harassment may constitute a criminal offence under the Protection from Harassment Act 1997 in England & Wales or the Protection from Harassment (Northern Ireland) Order 1997 in Northern Ireland (collectively referred to as ' PHA').
This carries a £1,000 fine or a penalty notice of £80.
If the offence is committed with intent to cause harassment, alarm or distress, the offender can be given 6 months' imprisonment or a fine. S1 (1) of the Protection from Harassment Act 1997 and Article 3(1) of the Protection from Harassment (Northern Ireland) Order 1997 state: A person must not pursue a course of conduct: Harassment is defined as causing alarm or causing distress, and a course of conduct which can include speech must involve conduct on at least 2 occasions.
Where action is taken in a county court in Scotland and Northern Ireland, an ASBO can be made against a party to the main proceedings or another adult whose conduct is material to the proceedings.
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly.Where there is persistent misuse of the telephone network, they can be made to pay compensation to the victim and fined an amount OFCOM deems to be appropriate, up to £2,000,000. where the malicious calls are one element of a wider charge, such as breach of an injunction, where there have been threats to kill etc.) the defendant could be held in contempt of court or charged with grievous bodily harm or actual bodily harm under the Offences Against the Person Act.These example sentences are selected automatically from various online news sources to reflect current usage of the word 'intimidate.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. The incidents do not have to involve the same type of behaviour on both occasions.Criminal harassment is a 'summary only' offence dealt with by the magistrates' court and carries a maximum sentence of: Upon conviction, a magistrates' court can make a restraining order, breach of which carries a maximum sentence of 5 years' imprisonment.For more information on ASBOs and anti-social behaviour in general, see our sections.One of the most common forms of harassment is malicious or nuisance telephone calls. Abusive, annoying, harassing, obscene or threatening telephone calls are an invasion of your privacy.Injunctions may be made under Housing Act or Housing (Northern Ireland) Order 2003 provisions, where the harassment or intimidation is housing-related, or under section 222 Local Government Act 1972 or Article 116 of the Local Government Act (Northern Ireland) 1972, which enables local authorities to take court action to promote or protect the interests of the inhabitants of their area.Eviction of the perpetrator is another option, moving the individual away from those whom they are intimidating or harassing.It can cover a wide range of conduct and behaviours, including racial or religious motivated harassment, and could also be used to prosecute certain types of anti-social behaviour where these amount to 'harassment', such as playing loud music, barking dogs or noisy house repairs.In England and Wales, it is an also offence to cause harassment, alarm or distress under the Public Order Act 1986.