Civil Orders To Prevent Stalking Introduced.

Civil Orders To Prevent Stalking And Protect Victims Introduced.

A new law comes into effect today (Monday September 2nd 2024) that will allow for someone who has been subjected to stalking behaviour, to apply to the District Court for a civil order to prohibit such behaviour continuing.

This was introduced by Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023 Act which was first signed into law by President Michael D. Higgins in July 2023.

Part 5 of that Act introduces a new system of civil orders designed to prevent stalking and protect victims, Same represents an important first step in addressing stalking behaviour, by allowing for earlier intervention without requiring the level of proof needed to secure a criminal conviction.

Under this Act, an affected person, or a member of An Garda Síochána acting on their behalf, can apply to the District Court for an order prohibiting another person from engaging in relevant conduct.

This new approach extends protections currently available to certain victims, under the Domestic Violence Act 2018, to all victims of stalking behaviour, regardless of their relationship with the perpetrator. These new civil orders complement the criminal post-conviction orders, available under the new provisions in section 10 of the 1997 Act, which apply when a person has been found guilty of the offence of stalking.

Part 5 also provides for the making of orders on an ex-parte basis, where the court is satisfied that there is an immediate risk to the safety and welfare of the applicant. Additionally, the court may grant an interim order pending the final determination of the application, where the court deems it necessary and proportionate for the safety and welfare of the applicant. The benefit of these ex-parte and interim orders is that they will provide victims with immediate protection against ongoing offending behaviour, while they await the determination of their application.

Legal and operational preparations, including the drafting and adoption of new rules of court, were required before the commencement of Part 5 of the Act and the required rules of Court also come into effect today, September 2nd, 2024.