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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8720
Experience:  I have been practising for 30 years.
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Just wondering if there was anything I could do about the

Resolved Question:

Just wondering if there was anything I could do about the following:
So a family member (my wife's mum) that my wife hasn't spoken to in years decided when delivering our package (as she works for myhermes) that it would be appropriate to post my personal address details and contact number on to her Facebook page. This in turn caused me and my wife some problems as we were getting some minor harassment over the phone and unknown people ringing our flat buzzer.
We got the picture removed though a complaint with Facebook. Also contacted the police for advice which we were told it was a civil matter. Is it true what the police said and is there anything we can do? Because I thought uploading people's address details and contact numbers were harassment and therefore illegal.
Submitted: 3 months ago.
Category: Law
Expert:  F E Smith replied 3 months ago.

It only becomes a police matter if there has been a “course of action”. A course of action is more than once. Hence, just posting this on one occasion would not become a police matter under the Protection from Harassment Act. You could take out a civil injunction to stop it happening again but until it does happen again, the police would not be interested.

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Customer: replied 3 months ago.
Thanks for your reply.
Could you clarify what a civil injunction is and how do I obtain one please?
Secondly, since now both me and my wife no longer are on social media, we would not be able to prove if it happens again. So should we just jot down any details of any further harassment incidents (phone calls etc.) for evidence for future reference?
Thanks.
Expert:  F E Smith replied 3 months ago.

If the post has been removed, you are unlikely to get an injunction unless it happens again in which case, you can then involve the police although after only 2 incidents, the police may not be that helpful. The court will only grant the injunction to stop something happening in the future generally, if there is a threat of it happening orYou can threaten it though.

My suggestion would be to get a solicitor to write to the culprit saying that if this happens again, the culprit will face a civil application to court for an injunction and an application for legal costs as well as complaint to the police with a view to having the culprit prosecuted under the Protection from Harassment Act.

Hopefully, the letter from a solicitor will do the trick.

If not, then either you or the solicitor makes the court application using court form N244 and N16A

What you need to do make notes as dates times and occurrences because it doesn’t have to be the same kind of incident to be actionable by the police. It could be an unwanted telephone call, and unwanted letter, and unwanted knock on the door, an unwanted Internet post,which together constitute harassment

F E Smith, Advocate
Category: Law
Satisfied Customers: 8720
Experience: I have been practising for 30 years.
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