New Protections for Stalking Victims: A Landmark Legal Shift

On the 2^nd of September,  significant changes to the law came into effect to protect the  victims of stalking. This article written by Karen Tobin, Partner and Elena O’Driscoll, Trainee Solicitor provides an overview of the key changes introduced.

Historical Position – the Issues

Historically, victims of stalking had limited recourse to legal protection unless the perpetrator was a current or former partner, as defined under the Domestic Violence Act 2018. In addition, obtaining a restraining order required criminal prosecution, this was a lengthy and traumatic process.  The burden of proof threshold is much higher in a criminal case.  It was up to the DPP if case would be brought and not the victim. The Criminal Justice (Miscellaneous Provisions) Act 2023 seeks to address these concerns by introducing a new system of civil orders.

Landmark Shift in Protections: Current Position

Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023 introduces civil orders for stalking. Under the new system, victims or members of An Garda Síochána acting on their behalf, can apply directly to the District Court for a civil order.

Who can avail of the new measures

The new legislation extends protective measures to all victims of stalking, regardless of their relationship with the perpetrator. This advancement is particularly crucial in addressing the complex and often escalating nature of stalking cases.

Online Stalking

Part 5 also encompasses online stalking, acknowledging the modern realities of how stalking can occur. The legislation ensures that harmful behaviours conducted through digital communication are also subject to legal intervention.

Remedy

An Order will prohibit another person from engaging in relevant conduct.

Relevant conduct is defined as behaviour that would “reasonably be considered likely to cause the applicant:

(a) to fear that violence will be used against the applicant or person, or

(b) serious alarm or distress that has a substantial adverse impact on his or her usual day-to-day activities.”

This process is not only quicker but also has a lower burden of proof compared to criminal sanctions for stalking. This shift is a crucial development for victims who are often left vulnerable while waiting for criminal cases to progress. The ability to secure a civil order without waiting for a criminal trial means that victims can take preventive measures to stop harassment from escalating further.

Immediate Danger

Another significant improvement is the provision for short term orders, which can be made solely by the victim. If a victim is in immediate danger, a judge can issue a temporary order to provide protection while the application is fully assessed. This provision helps address urgent cases where waiting for a full court process might put the victim at further risk.

New Criminal Sanctions:

To learn more about the standalone criminal sanction, please read our previous article which gave a detailed overview.

The combination of criminal and civil measures under the new legislation creates a comprehensive approach to addressing stalking and offers multiple avenues for victims to seek justice and protection.

Future Implications

While the effectiveness of these new provisions will only be fully understood once they have been tested in the courts, the legislative changes represent a proactive step towards improving the legal response to stalking. Victims now have access to quicker and more flexible remedies, potentially mitigating the impact of stalking and preventing further harm.

For those affected by stalking, the new legislation offers a much-needed lifeline, regardless of the relationship between the victim and perpetrator. By enabling earlier intervention and providing a clearer path to protection, this reform marks a significant advancement in the fight against stalking and harassment.

For more information on anything related to this article, please contact our Family Law Team.