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The Minister for Justice, Helen McEntee T.D., has announced the implementation of new legal provisions that allow individuals subjected to stalking behaviour to apply to the District Court for a civil order prohibiting such behaviour. These provisions, which came into effect on Monday, represent a significant advancement in the protection of stalking victims in Ireland.
This development is part of the Criminal Justice (Miscellaneous Provisions) Act 2023, specifically under Part 5, which was signed into law by the President in July 2023. The Act introduces a new system of civil orders aimed at preventing stalking and protecting victims, allowing for early intervention without requiring the higher level of proof necessary for a criminal conviction.
Under the new provisions, an individual affected by stalking, or a member of the Garda Síochána acting on their behalf, can apply to the District Court for an order that prohibits the alleged stalker from engaging in certain behaviours. This protection, previously available only to victims under the Domestic Violence Act 2018, is now extended to all victims of stalking, regardless of their relationship with the perpetrator.
The Act also allows for the issuance of ex-parte orders, which can be granted if the court is satisfied that there is an immediate risk to the safety and welfare of the applicant. Furthermore, the court may issue interim orders while the final application is being determined, providing immediate protection against ongoing harmful behaviour.
Minister McEntee highlighted the importance of these provisions, stating:
Helen McEntee, Minister for Justice:
“Providing for civil orders to prevent stalking is an important step forward in our work to tackle all forms of sexual and gender-based violence, regardless of the relationship between the victim and the perpetrator. Stalking can have very serious impacts on people subjected to it and I am introducing robust legislation to ensure that everyone has what is needed to ensure they are protected and safe, and feel safe.”
The introduction of these civil orders follows extensive legal and operational preparations, including the drafting and adoption of new court rules, which also took effect on 2 September 2024. These rules govern the application process for civil restraining and behaviour orders, offering clear guidelines for the courts and applicants.
The Criminal Justice (Miscellaneous Provisions) Act 2023, which was signed into law on 19 July 2023, began its implementation on 1 November 2023. However, the commencement of Part 5 required additional preparations by the Courts Service, particularly concerning the establishment of new rules of court.
For those seeking to understand the full scope of the Act and the new rules, the documents are available online:
- Criminal Justice (Miscellaneous Provisions) Act 2023
- Criminal Justice (Miscellaneous Provisions) Act 2023 (Commencement) Order 2024
- District Court (Civil Restraining and Behaviour Orders) Rules 2024