Legal advice on stalker issue, please?

SquirrelNutkins

Hello,
Ive posted in a former thread about my friend being stalked.
I have a question about filing the stalking case with the police. Her stalker is an Indian citizen (didnt explain that in the other thread as it is a really long winded story) who is allowed to be in the uk because he is studying here, after that he has to go or will be allowed longer if he keeps studying? (I think). Im wondering, if my friend files with the police does this increase the chances of him having to leave the country? If it goes on his criminal record or something like that? She was really hesitant to file with the police as she didnt want him to have a criminal record (she is too nice for her own good) but he has really gone too far. Obviously it would be good for her if he had to leave the country as she`d get rid of her stalker that way. I tried googling this but only unrelated rubbish turned up. Please, does someone know more about this?

Confusedandneedhelp

Depends on the actions of this stalking? The police will likely tell him to stop first time, as a verbal warning. If it continues then he may face arrest. But are these actions proveable?

As in is it texts/emails/phone calls? Or is it turning up at her home or work? Are there witnesses?

SquirrelNutkins

Confusedandneedhelp wrote: »

Depends on the actions of this stalking? The police will likely tell him to stop first time, as a verbal warning. If it continues then he may face arrest. But are these actions proveable?

As in is it texts/emails/phone calls? Or is it turning up at her home or work? Are there witnesses?

Yes there is plenty of prove, hundreds of messages (emails, texts), phone calls. If he shows up at her work there will be a lot of witnesses. She has great colleagues, which Im glad about, at least something in this mess. Basically he wrote her that he will soon move to her working city! It´s obvious why he does that (gosh he makes me so mad). And now Im afraid it will only be a matter of time until he will bump into her if he lives there.

How is this in the uk, in the US if a stalker doesnt stop after a restraining order he can be arrested, is that the case here too? And if he doesnt stop and has a criminal record, how will that effect his rights to stay in this country?

Morglin

These guys might have the information you want:

http://www.nss.org.uk/

Lin

pogofish

If this is relationship-related stalking (even if there is no actual relationship between them), your friend needs to contact the "Domestic Violence Officer" (or team) at her local police force, for an informal chat.

They will assess her situation and discuss options short of prosecution if that's what she wishes. They don't need a huge amount of evidence to prove she is being harassed and by the sounds of it, she has plenty.

Normal procedure in the UK, if there are no threats of harm/violence (implicit or explicit) is to offer a warning and some fairly pointed advice to the stalker in the first instance, and if they stop, nothing will remain on record for long and it won't harm his situation here. If they don't stop or are putting the victim in fear of harm, then there are a range of options, starting with cautions, charges and then a range of court sanctions of differing degrees of severity if broken, depending on his actions.

If she won't talk to the police directly, then she can approach her local branch of the Womens Aid charity in complete confidence and again, they are well-geared-up to help and advise.

SquirrelNutkins

Thanks guys. The police it is then (after I´ve dragged my friend there). The process sounds long winded but at least something.

And thank you Morglin for the link, I didnt know that site.

Confusedandneedhelp

SquirrelNutkins wrote: »

Yes there is plenty of prove, hundreds of messages (emails, texts), phone calls. If he shows up at her work there will be a lot of witnesses. She has great colleagues, which Im glad about, at least something in this mess. Basically he wrote her that he will soon move to her working city! It´s obvious why he does that (gosh he makes me so mad). And now Im afraid it will only be a matter of time until he will bump into her if he lives there.

How is this in the uk, in the US if a stalker doesnt stop after a restraining order he can be arrested, is that the case here too? And if he doesnt stop and has a criminal record, how will that effect his rights to stay in this country?

Not to put a dampener on this, but if he doesnt live in the same city, then can she not simply block his number and set his emails to 'junk'. Seems this would resolve things atleast temporarily.

As for moving to the same city, the police cannot stop him doing that. at best they will tell him not to approach her house/flat.

It's not your friends fault, but the first advice she'll get is to block him on her phone and email.

pogofish

Confusedandneedhelp wrote: »

It's not your friends fault, but the first advice she'll get is to block him on her phone and email.

Not quite - He can also face a warning and/or action under the Malicious Communications Act for phoning/texting/emailing from anywhere in the UK

TBagpuss

SquirrelNutkins wrote: »

Yes there is plenty of prove, hundreds of messages (emails, texts), phone calls. If he shows up at her work there will be a lot of witnesses. She has great colleagues, which I'm glad about, at least something in this mess. Basically he wrote her that he will soon move to her working city! It´s obvious why he does that (gosh he makes me so mad). And now I'm afraid it will only be a matter of time until he will bump into her if he lives there.

How is this in the uk, in the US if a stalker doesn't stop after a restraining order he can be arrested, is that the case here too? And if he doesn't stop and has a criminal record, how will that effect his rights to stay in this country?

Yes, if he ignores police warnings to stop then ultimately he can be arrested and if convicted could end up with a criminal record.
The relevant law is likely to be the Protection from Harassment Act.

(If this is a former partner she could go down the route of a civil injunction, but unless she qualifies for Legal Aid that will be more expensive so I would recommend she continues with the Police / Harassment route)

He would have to declare any criminal conviction on his visa renewal application - I do not think it would be an automatic bar to his being able to remain in the country but frankly, that is his problem, not hers. He would normally get an informal warning form the police as a first step, so provided he has the sense to listen to that it would not prevent him remaining in the country. If he is arrogant / stupid enough to continue to stalk her after being warned then if the means he struggles to renew his visa that is entirely his own fault, and direct result of his own actions - it's nothing to do with your friend and she should not allow it to stop her from protecting herself from harassment.

pogofish

SquirrelNutkins wrote: »

Thanks guys. The police it is then (after I´ve dragged my friend there). The process sounds long winded but at least something.

Its not as long-winded as it used to be and TBH, if you have adequate evidence of harassing behaviour, they will try put a stop to it pretty firmly - He will be made very aware where his behaviour will lead if he fails to stop.

pogofish

TBagpuss wrote: »

(If this is a former partner she could go down the route of a civil injunction, but unless she qualifies for Legal Aid that will be more expensive so I would recommend she continues with the Police / Harassment route)

Here is the original thread - it might be best if they were merged:

https://forums.moneysavingexpert.com/discussion/4994302

Looks more like a deluded "admirer" than a former partner but he's been told no-way and has not stopped.

If it gets to the stage of injunctions/legal action etc then this is another situation where Womens Aid can be very helpful.