I Have A Hm1 Against An Ex Employee/friend/neighbour. He Is Still Harassing Myself And Our Staff. Does Anyone Know The Rules On How The Order Is Broken, What Constitutes As It Being Broken And What I Can Do From Here Please....

[Scottiesgirl]

Any help will be much appreciated. We dont seem to be getting anywhere with the police. Solicitor has said its a criminal case but the police just dont seem to want to deal with it.

Please please can someone help

[woofgang]

get the solicitor to write a letter to the police?

[tonywiltshire]

If you obtained your non-harassment order through the civil courts in Scotland there may be a difficulty, which may explain the reluctance of the Police to take an interest (I have assumed you are referring to Scottish law).
In Scotland there is no specific crime of stalking or harassment. Behaviour which might be construed as stalking or harassment is usually prosecuted under breach of the peace and breach of the peace covers a broad range of anti-social conduct. ‘There is no limit to the kind of conduct which may give rise to a charge of breach of the peace, all that is required is that there must be some conduct such as to excite the reasonable apprehension or such as to create disturbance and alarm.
The Protection from Abuse (Scotland) Act 2001 has been passed by the Scottish Parliament and has been in force since February 2002. The 2001 Act deals with violent or abusive behaviour and allows the police to arrest without warrant an interdicted person where they have reasonable cause for suspecting that person is in breach of an interdict. The Act applies in all such cases, no matter the nature of the relationship with the potential abuser.