As of 2nd September 2024, new measures to protect victims of stalking have come into effect as part of part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023. The new system will allow for earlier intervention in stalking cases without victims requiring the level of proof needed to secure a criminal conviction.
Prior to the new legislation victims of stalking would need to pursue criminal proceedings, which is an extremely time consuming process that can take years to conclude. Only upon conclusion of the criminal proceedings could a restraining order be issued against the perpetrator. This puts victims in potentially dangerous situations for a prolonged period of time.
With the new legislation that is now in effect, an individual can apply directly to the district court, either themselves or the Gardaí on their behalf, applying for a civil order to prevent certain conduct. This includes any conduct that would be “reasonably considered likely to cause the individual to fear violence against them or serious alarm or distress that could affect ones day to day activities”. This applies to all victims of stalking (defined under the Domestic violence Act 2018) regardless of their relationship with the perpetrator, as prior to the new legislation this would have only applied in cases where the perpetrator was a current or former partner of the victim.
Additionally under the new provisions, the court has the authority to grant interim orders pending the final determination of the application if it is deemed necessary for the safety and welfare of the applicant, providing immediate protection for victims against stalking behaviours.
Speaking on the introduction of the new provisions, Minister for Justice Helen McEntee said that “Stalking can have very serious impacts on people subjected to it. I am introducing robust legislation to ensure that everyone has what is needed to ensure they are protected and safe and feel safe”.
Click here to read the Criminal Justice (Miscellaneous Provisions) Act 2023.