Victims of stalking can now apply to the District Court for civil injunctions to stop their behaviour – The Irish Times

People who are being stalked can apply to the District Court for a civil injunction from today to stop the continuation of the behaviour, said Justice Minister Helen McEntee.

The measure is introduced by Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023, which was signed into law by the President in July 2023.

This new system of civil injunctions is designed to prevent stalking and allows for earlier intervention as it does not require the same level of evidence as is required for a criminal conviction.

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

This new approach extends the protection currently available to certain victims under the Domestic Violence Act 2018 to all victims of stalking, regardless of their relationship to the perpetrator.

Part 5 also provides for the possibility of orders being made on an ex parte basis if the court is satisfied that there is an imminent threat to the applicant's safety and welfare.

In addition, the court may issue an interim injunction pending a final decision on the application if it considers this necessary and proportionate with regard to the safety and well-being of the applicant.

Ms McEntee said the provisions for civil injunctions to prevent stalking were “an important step forward in our work to combat all forms of sexual and gender-based violence, regardless of the relationship between victim and perpetrator”.

“Stalking can have very serious consequences for those affected and I am introducing strong laws to ensure that everyone has what they need to be protected, safe and feel secure,” she added.