In an effort to halt persistent stalking, individuals can now petition the District Court for a civil order, announced Justice Minister Helen McEntee. This move is enabled by Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023, which was enacted by the President in July 2023.
This recent system of civil orders aims to stop stalking and permits earlier action, because it doesn’t necessitate the degree of evidence essential for a criminal sentence. A person affected by the Act, or a representative of An Garda Síochána standing in for them, has the power to submit a request to the District Court to bar another person from participating in relevant conduct.
This modernised method bolsters safeguards that are presently given to particular victims under the Domestic Violence Act 2018, extending them to all victims targeted by stalking, regardless of their association with the offender.
In addition, Part 5 allows for orders to be made on an ex parte basis, meaning the court is convinced there’s an instant threat to the applicant’s safety and welfare. As long as it’s deemed necessary and proportionate, the court can also award an interim order whilst waiting for the final decision of the application regarding the applicant’s safety and welfare.
Ms McEntee welcomed the provision of civil orders as a significant advancement in battling all kinds of sexual and gender-based violence, irrespective of the victim-perpetrator relationship. She noted the severe repercussions that stalking can have on those exposed to it and announced the introduction of firm legislation to make sure everyone has the essential protection to feel secure.