Victims of stalking will be able to apply for civil orders without proof needed for a criminal conviction under a new provision of the Criminal Justice Act. 

Part five of the Criminal Justice (Miscellaneous Provisions) Act 2023 comes into effect today. 

Victims of stalking or a member of the Gardaí acting on their behalf will be able to apply to the District Court for a civil order against a perpetrator without the proof needed for a criminal conviction. 

The Department of Justice said this will allow for “earlier intervention” when addressing stalking in Ireland. 

This new provision applies to all victims of stalking defined under the Domestic Violence Act 2018 regardless of their relationship with the perpetrator. 

Justice Minister Helen McEntee said civil orders to prevent stalking are “an important step forward in our work to tackle all forms of sexual and gender-based violence”. 

“Stalking can have very serious impacts on people subjected to it,” she said. 

“I am introducing robust legislation to ensure that everyone has what is needed to ensure they are protected and safe and feel safe.” 

Online stalking

Minister McEntee noted the provision also includes online stalking and it is important to consider harassment that happens online.

"We know so much communication, so much negativity, can happen online," she said.

"If a person is being stalked - whether it's someone they know or someone they don't know online - this new civil order will apply, even if they've never met them before or the behaviour isn't happening in person."

Preventing stalking

The new provision of the Criminal Justice Act also allows victims to apply for a civil order on an ‘ex-parte basis’ - without the perpetrator present - when there is an “immediate risk” to the applicant. 

The courts can also grant an interim order pending a final decision if it is seen as necessary to the safety and welfare of the applicant. 

The Department said this will provide victims of stalking with immediate protection against ongoing offending behaviour while they await the determination of their application. 

The provision coming into effect is the next step in several initiatives to reduce sexual and gender-based violence in Ireland. 

Yesterday, Minister McEntee introduced new legislation that ensures anonymity for all victims in all sexual offences trials. 

The Criminal Law (Sexual Offences and Human Trafficking) Act 2024 also requires people giving a character reference for someone convicted of a sexual offence to give the reference under oath.