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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71042
Experience:  Over 5 years in practice
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I am being harassed by my partners soon to be ex wife. Getting

Customer Question

I am being harassed by my partners soon to be ex wife. Getting phone calls and very racist texts. how do I legally stop her from contacting me or any member of my family?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

How many texts have you received?
Customer: replied 4 years ago.

it was on saturday, and about 10

Expert:  Jo C. replied 4 years ago.

Did you respond to any of them?

Sorry for the delay. I was travelling.
Customer: replied 4 years ago.
Yes I did. They were very racially insulting.
Expert:  Jo C. replied 4 years ago.
Thats a problem.

How many roughly please did you respond to?
Customer: replied 4 years ago.
It was one series of texts, lasting about an hour of back and forth.
Expert:  Jo C. replied 4 years ago.
And you responded in roughly equal measure?
Customer: replied 4 years ago.
No. I didn't rise to her insults, and stayed as calm as possible. She said I was a stupid black bitch. I responded stupid? Oh dear for example.
Expert:  Jo C. replied 4 years ago.

You can report it to the police. They probably will give her a harassment order to stop her contacting you.

Its quite unlikely they could prosecute her for harassment at the outset because you were responding so its not harassment. Its just a row.

There are some other offences under the Communications Act that do cover the sending of grossly offensive messages though so that is an option.

Also, if you are saying that she has been phoning as well then that might amount to harassment if you are not responding.

However, Im afraid a harassment warning does not cover any person other than the target of the harassment. Unless she has made contact with members of your family they have no basis to stop her from doing so. If she contacts them to get them to contact you then that would be indirect contact but you cannot get blanket harassment warnings in that way.

You can also sue in the civil courts but I wouldn't suggest it. You are not likely to get legal aid and there is a cost. You will only get an order that will do much the same thing as a police harassment warning so there is no point in incurring the cost.

Hope this helps. Please let me know if you need more information.