{
  "url": "https://openlegislation.uk/protection-from-harassment-northern-ireland-order-1997/article-5",
  "json_url": "https://openlegislation.uk/protection-from-harassment-northern-ireland-order-1997/article-5.json",
  "legislation": "nisi/1997/1180",
  "legislation_title": "The Protection from Harassment (Northern Ireland) Order 1997",
  "legislation_url": "https://openlegislation.uk/protection-from-harassment-northern-ireland-order-1997",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Civil remedy",
  "text": "(1) An actual or apprehended breach of Article 3 may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.\n(2) On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.\n(3) Where—\n(a) in such proceedings the High Court or a county court grants an injunction for the purpose of restraining the defendant from pursuing any conduct which amounts to harassment; and\n(b) the plaintiff considers that the defendant has done anything which he is prohibited from doing by the injunction,\nthe plaintiff may apply for the issue of a warrant for the arrest of the defendant.\n(4) An application under paragraph (3) may be made—\n(a) where the injunction was granted by the High Court, to a judge of that court; and\n(b) where the injunction was granted by a county court, to a judge of that or any other county court.\n(5) The judge to whom an application under paragraph (3) is made may only issue a warrant if—\n(a) the application is substantiated on oath; and\n(b) the judge has reasonable grounds for believing that the defendant has done anything which he is prohibited from doing by the injunction.\n(6) Where—\n(a) the High Court or a county court grants an injunction for the purpose mentioned in paragraph (3)(a); and\n(b) without reasonable excuse the defendant does anything which he is prohibited from doing by the injunction,\nhe shall be guilty of an offence.\n(7) Where a person is convicted of an offence under paragraph (6) in respect of any conduct, that conduct is not punishable as a contempt of court.\n(8) A person cannot be convicted of an offence under paragraph (6) in respect of any conduct which has been punished as a contempt of court.\n(9) A person guilty of an offence under paragraph (6) shall be liable—\n(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both; or\n(b) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/1997/1180/article/5",
    "retrieved_at": "2026-10-29T04:41:22.422273+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}