New Legal Protections for Stalking Victims

On the 2nd of September, 2024, crucial changes to the law took effect, offering enhanced protections for stalking victims and introducing a quicker, more accessible legal process for obtaining civil orders against stalkers.

Historical Issues – Legal Gaps for Stalking Victims: In the past, stalking victims faced significant challenges in seeking legal protection unless the perpetrator was a current or former intimate partner, as defined under the Domestic Violence Act 2018. Securing a restraining order required a criminal prosecution, a process often marked by lengthy delays and emotional distress. Moreover, the burden of proof in criminal cases was high, and it was up to the Director of Public Prosecutions (DPP) to decide whether a case could proceed, leaving victims with limited control over their legal recourse.

The Criminal Justice (Miscellaneous Provisions) Act 2023 addresses these concerns by establishing a new system of civil orders, allowing for earlier intervention and protection for all victims of stalking.

Civil Orders for Stalking: Under Part 5 of the 2023 Act, civil orders can now be sought specifically for stalking. Victims, or Gardaí on their behalf, can apply directly to the District Court for these orders. This change allows stalking victims to bypass the criminal court process, providing a less burdensome and more efficient pathway to protection.

Eligibility for Protection Under the New Law: The legislation extends protections to all stalking victims, regardless of their relationship to the stalker. This marks a major shift, ensuring that any individual affected by stalking can access legal protections, whether or not they have a prior connection to the perpetrator.

Addressing Modern Forms of Stalking – Online Harassment: Recognizing the evolution of stalking, Part 5 of the Act includes provisions for online stalking, covering harmful behaviours conducted through digital communications. This ensures that threats or harassment carried out via social media, email, or other digital platforms are subject to the same legal intervention as physical stalking.

Key Legal Remedies Available: An order under the new system prohibits a person from engaging in behaviour (known as relevant conduct) that could reasonably cause the victim to fear violence or experience significant alarm or distress that disrupts their daily life. This civil process allows for faster action and imposes a lower burden of proof compared to criminal prosecutions, enabling victims to secure protective orders without waiting for criminal trials to progress.

Protection in Cases of Immediate Danger: In cases where victims are in immediate danger, the law allows for temporary orders to be issued. Victims can apply for short-term protection, and a judge may grant an interim order to provide safety while the full application is under consideration. This provision addresses urgent situations, offering swift legal protection to those at immediate risk.

New Criminal Sanctions and Enforcement: Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023 also introduces new criminal penalties for breaches of civil orders. This combined system of criminal and civil measures creates a more comprehensive legal framework for addressing stalking, offering multiple avenues for victims to secure justice and protection.

The civil orders under the 2023 Act complement the existing criminal post-conviction orders available under Section 10 of the Non-Fatal Offences Against the Person Act 1997, which come into play when a person has been convicted of stalking.

Ex-Parte and Interim Orders: The law also permits courts to issue orders on an ex-parte basis (without the respondent being present) when there is an immediate risk to the safety and welfare of the victim. Additionally, interim orders may be granted while the court considers the full application, ensuring that the victim has protection in the interim period. These provisions are particularly valuable for victims facing ongoing stalking behaviour, as they provide immediate protection while waiting for the court’s final decision.

Additional Provisions in the 2023 Act: The 2023 Act borrows several elements from the Domestic Violence Act 2018, including provisions on variation or discharge of orders, protection against cross-examination by the applicant or respondent, and special in-camera hearings to ensure privacy in court. Moreover, it enables courts to conduct proceedings via television link in certain circumstances and gives victims the right to be accompanied in court by support persons.

Importantly, the Act makes it a criminal offence to breach a civil order, carrying penalties of a Class B fine or imprisonment of up to 12 months. The Gardaí are also granted powers of arrest without a warrant for such breaches, ensuring that orders are strictly enforced. Additionally, restrictions on the publication of case details protect the privacy of the victim and the integrity of the proceedings.

Integration with Existing Legal Provisions: The Act also integrates stalking protections with other civil legal frameworks. Under Section 82(a) of the 2023 Act, courts handling applications under the Domestic Violence Act 2018 can now also hear applications for civil orders under Part 5 of the 2023 Act. This means that stalking victims who are also experiencing domestic violence have access to a broader range of legal remedies within a single court proceeding.

A Proactive Step in Stalking Prevention: Although the true impact of the 2023 Act will become evident as cases progress through the courts, the introduction of civil orders represents a crucial development in preventing stalking and protecting victims. These new legal protections allow for earlier intervention, helping to prevent stalking behaviours from escalating into more serious forms of harassment or violence.

For stalking victims, the new civil order system offers a quicker, more flexible route to protection, reducing the burden of waiting for criminal trials. This legal reform marks a significant step forward in the fight against stalking, providing much-needed security and peace of mind for those affected.

About the author: Sinéad Leahy is a Trainee Solicitor with Dermot G. O'Donovan Solicitors.

Contactable on leahys@dgod.ie