Further protection has been afforded to victims of stalking, harassment, and domestic abuse with the introduction of Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023. This change will allow a victim to make an Ex-Parte application for an emergency restraining order where there is an immediate risk to their safety.
Prior to its enactment, a victim could not be granted a restraining order until the perpetrator had been convicted of stalking under Section 10 of the Non-Fatal Offences Against the Person Act 1997. This resulted in significant delays, and no protection until the abuser’s case was heard.
Now, a victim can apply to the District Court for an interim order which affords them the necessary protection whilst waiting for their case to advance to hearing. Alternatively, a member of An Garda Síochána can apply on the victim’s behalf.
It is important to note that the victim is not limited to those in an intimate relationship. In fact, the perpetrator and the victim do not need to have any kind of a relationship for the Court to grant an Order.
Thank you to Conor Cronin, Legal Intern, for preparing this piece and if you have any queries in relation to this or any other family law topic do not hesitate to contact Brendan Dillon, Emma Dillon or Aoife Cathcart on 01 2960666
