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Bail and Harassment

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The individual is facing a legal issue involving bail conditions and alleged criminal damage charges in the UK. Their bail conditions specify that they must not contact the victim directly or indirectly. However, they report being harassed by the victim's family, who are making threatening calls with withheld numbers to their residence. This situation presents a potential bail condition violation concern due to indirect contact, although the individual is on the receiving end of the communication. They are seeking clarity on how this harassment might impact their existing bail conditions.

Questions about this case

Verified AnswersThese answers have been verified by a lawyer in the LEAP network

Does the harassment from the victim's family count as indirect contact under my bail conditions?

Under UK law, your bail conditions prohibiting contact with the victim do not automatically extend to the victim's family unless explicitly stated. However, the nature of your interactions with them can be scrutinised. If their harassment prompts you to engage, even defensively, it might be seen as indirectly breaching your bail terms. It's crucial to avoid any form of communication or reaction that could be interpreted as contact, even indirectly.

What legal steps can I take to address the harassment from the victim's family while complying with my bail conditions?

To address the harassment from the victim's family while complying with your bail conditions, you may consider applying for a Non-Molestation Order or seeking an injunction under the Protection from Harassment Act. This could legally restrain the victim's family from contacting you and provide protection without breaching your bail terms. Make sure to document any incidents thoroughly, including call logs and messages, to support your case.

Could the actions of the victim's family affect my bail status or lead to a breach claim if I respond?

The actions of the victim's family could potentially affect your bail status if your response is perceived as a breach of your bail conditions, particularly if it involves direct or indirect contact with the victim. It is crucial to ensure that any response is not interpreted as communication with the victim, which could lead to a breach claim.

How can I gather evidence of the harassment to support my case without breaching my bail conditions?

To gather evidence of the harassment without breaching your bail conditions, keep a detailed log of all incidents, noting dates, times, and any identifying features of the calls or messages. Avoid any form of response to the harassment to prevent indirect contact. Report each incident to your legal advisor and the police, providing them with your evidence log.

Is there a possibility to have my bail conditions modified to prevent the victim's family from contacting me?

Yes, it is possible to apply to have your bail conditions modified. You may request a variation of your bail conditions from the court that imposed them. This can be done by submitting an application to the appropriate court stating the reasons for the modification, such as the harassment you are experiencing from the victim's family.

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