People subjected to stalking will be able to apply to the District Court from today for a civil order to prevent the behaviour from continuing, Minister for Justice Helen McEntee has said.
The measure is being introduced by Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023 Act that was signed into law by the President in July 2023.
This new system of civil orders seeks to prevent stalking, and allows earlier intervention as it does not require the level of proof required to secure a criminal conviction.
Under the 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.
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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.
Part 5 also provides for the making of orders on an ex parte basis, where the court is satisfied 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.
Ms McEntee said provisions 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,” she added.
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