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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46233
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Is it legal to follow your wife's car if you suspect she's

Customer Question

is it legal to follow your wife's car if you suspect she's having an affair?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Does she know she is being followed?
Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
Hello - are you still there?
Customer: replied 1 year ago.
Hello Ben - is there a problem at you end? thanks
Expert:  Ben Jones replied 1 year ago.
I am still here but just have to draft my response.
Customer: replied 1 year ago.
sorry - thanks
Expert:  Ben Jones replied 1 year ago.
No problem. The simple act of following someone’s car is not illegal. You can pick anyone on the street and follow them around in your car. There is no expectation of privacy in these circumstances because they are public road users. However, there could be a potential issue with harassment if she finds out about it and does not wish to be followed but you continue doing so. The relevant legislation that deals with harassment is The Protection from Harassment Act 1997 in civil cases and several other laws which make it a criminal offence. The law states that a person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment. Although there is no definition of what specifically amounts to harassment, it would usually include alarming a person or causing them distress and must have occurred on at least two occasions. Under criminal law, and if this is reported to the police who then take action, the punishment for harassment can be imprisonment and/or a fine. A court may also impose a restraining order for the purpose of protecting the victim. In addition to criminal action, a civil claim can also be brought against a person who is alleged to be guilty of causing harassment. The courts would award compensation to the victim, something that is unlikely to happen if this is pursued as a criminal issue. So if she is being followed covertly and does not know you are following her then that is not illegal, but if she does find out and makes it clear that she is not happy for that to happen, should you continue to do so it could amount to harassment. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thank you - could I just further ask - as this is on behalf of a friend whose father followed his wife (who he separated from recently) who was suspected of having an affair. She did not go to a friends as stated and went to a hotel - the friend then went to the street where the hotel was and saw both cars - so he now has photo evidence( of both cars at the hotel) that she is seeing someone. He text to ask her to explain herself to him and his children or he that he would explain this to them (children). She has phoned the police about the texts - has he done anything legally wrong? Thank you again
Expert:  Ben Jones replied 1 year ago.
Not really, this falls within the harassment legislation mentioned earlier so it would only be an issue if he has persisted in texting her despite her asking him not to. This is not blackmail though so he should not worry about that. Hope this clarifies?
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46233
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks - that's really helpful
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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