Keith Walsh

Keith Walsh, solicitor and co-author of the award-winning book Domestic Violence Law in Ireland, told Irish Legal News that the changes “are very welcome and can have an immediate impact on tackling stalking and harassment as well as assisting victims of domestic violence”.

Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023 Act introduces a new system of civil orders designed to prevent stalking and protect victims.

It is designed to allow for earlier intervention without requiring the level of proof needed 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.

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.

Justice minister Helen McEntee said: “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.”