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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have an on going court case about my son and my ex partner

Customer Question

I have an on going court case about my son and my ex partner and her friends keep writing about it and abusing me on facebook, can i take any action
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

Alex Watts :

You want to take action about stopping Facebook?

JACUSTOMER-jo468fnq- :

I really want to no how the law lies with this, is it harrasment a if it, what action can i take

Alex Watts :

It is harassment if:

Alex Watts :

(1)A person must not pursue a course of conduct—

(a)which amounts to harassment of another, and

(b)which he knows or ought to know amounts to harassment of the other.

(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

Alex Watts :

Or if it is a message which is upsetting:

Alex Watts :

(1)Any person who sends to another person—

(a)a [F1letter, electronic communication or article of any description] which conveys—

(i)a message which is indecent or grossly offensive;

(ii)a threat; or

(iii)information which is false and known or believed to be false by the sender; or

(b)any [F2article or electronic communication] which is, in whole or part, of an indecent or grossly offensive nature,

is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should, so far as falling within paragraph (a) or (b) above, cause distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated.

Alex Watts :

As such you would be able to complain to the Police about any conduct that is causing you harassment.

Alex Watts :

Therefore if this person is abusing you on FB then yes you can take action, complain to the Police who are able to investigate and prosecute where necessary.

Alex Watts :

Can I clarify anything for you about this today please?

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