Anti-Harrassment & Stalking Orders

Table of Contents

Civil orders against Harassment / Stalking

The “court” means the District Court, or, on appeal from the District Court, the Circuit Court. For the purposes of the 2023 Act “harrassment / stalking ” means conduct engaged in, without lawful authority or reasonable excuse, by the respondent towards the applicant or, where relevant, a person connected to the applicant, that would reasonably be considered likely to cause the applicant

to fear that violence will be used against the applicant or person, or
serious alarm or distress that has a substantial adverse impact on his or her usual day-to-day activities.

Without limiting the above the conduct concerned includes the following:

following, watching, monitoring, tracking or spying upon a person;
pestering a person;
impersonating a person;
communicating with or about a person;
purporting to act or communicate on behalf of a person;
disclosing to other persons private information in respect of a person;
interfering with the property (including pets) of a person;
loitering in the vicinity of a person;
causing, without the consent of the person, an electronic communication or information system operated by a person to function in a particular way.

Restraining Order

A person (an “applicant”) or member of the Garda Síochána, on behalf of an applicant, may apply to the court for a restraining order under this section against another person (a “respondent”).

An application shall be made on notice to the respondent concerned. The court, on application to it, may make an order where it is of the opinion that—

there are reasonable grounds for believing that the respondent has engaged in harrassment / stalking (as defined) towards the applicant or, where relevant, a person connected to the applicant, and
the making of the order is, in all of the circumstances, necessary for, and proportionate to, the purpose of protecting the safety and welfare of the applicant.

An order may prohibit the respondent from doing any or all of the following in respect of the applicant or, where relevant, a person connected to the applicant:

using or threatening to use violence against, molesting or putting in fear the person;
following or communicating by any means with or about the person;
approaching, within such distance as the court shall specify, the place of residence, education or employment of the person;
engaging in such other forms of harrassment / stalking (as defined) as the court specifies.

An order may be subject to such exceptions and conditions as the court specifies. An order shall have effect for a period of 5 years from the date on which it is made, or such shorter period as may be specified by the court.

Procedure

An application may be made unilaterally where grounded on an affidavit or information sworn by the applicant.

An order may be made on an application where the court, having regard to the particular circumstances of the case, is of the opinion that there are reasonable grounds for believing that there is an immediate risk to the safety and welfare of the applicant. An order shall have effect for a period of 8 days from the day on which it is made, or such shorter period as may be specified in the order.

Where an order is made a note of evidence given by the applicant shall be prepared forthwith by the judge, by the applicant or by the applicant’s solicitor and approved by the judge, or as otherwise directed by the judge, and a copy of the order, the affidavit or information sworn and the note of evidence shall be served on the respondent as soon as practicable.

The court, on making an interim order shall cause a copy of the order to be given or sent, as soon as practicable—to the applicant, and to such of the persons referred to as the court considers appropriate.

The court, on an application that is made on notice to the respondent, or between the making of that application and its determination, may, pending the determination of the application, make an interim order where it is of the opinion that it is necessary and proportionate to do so for the purpose of protecting the safety and welfare of the applicant.

An interim order shall cease to have effect on the determination by the court of the full application. The court, on making an interim order, shall cause a copy of the interim order to be given or sent, as soon as practicable—

to the applicant,
to the respondent, and
to such of the persons referred to as the court considers appropriate.

The validity of an order shall not be affected by non-compliance with the notice requirements.

Variation or Discharge

An application to the court for the variation or discharge of an restraining order may be made by—

the applicant, on notice to the respondent,
the respondent, on notice to the applicant, or
a third party who can represent an application on notice to the applicant and the respondent.

The court, on application to it for the variation of an order, may, where it is of the opinion that it is necessary and proportionate to do so, vary the order concerned as it considers appropriate.

The court, on application to it for the discharge of an order, may—

where it is of the opinion that the order is no longer necessary and proportionate under all of the circumstances to protect the safety and welfare of the applicant, discharge the order, or
where it is of the opinion that it is necessary and proportionate to do so, vary the order concerned as it considers appropriate.

For the purposes of an application under this, an order made under this provision by the Circuit Court on appeal from the District Court shall be treated as if it had been made by the District Court.

On or before the expiry of an restraining order , an applicant or a person may apply to the court for a renewal of the order.

Application by member of Garda Síochána

A member of the Garda Síochána may make an application to the court under the above provisions where he or she becomes aware of an alleged incident or series of incidents of harrassment / stalking (as defined) which he or she believes to justify the making of the application.

Before making an application the member concerned shall, as far as is reasonably practicable, ascertain the views of the applicant concerned as to whether it is appropriate in all the circumstances for the member to make the application concerned.

Protection against Cross-examination

Where an application is made to a court for a restraining order , a person under the age of 18 years is to give evidence, and the applicant or respondent proposes to cross-examine the person referred personally, the court shall direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or respondent to conduct the cross-examination personally.

Where an application is made, a person who has attained the age of 18 years, being the applicant for the order or the person connected to the applicant towards whom the harrassment / stalking (as defined) to which the application relates is alleged to have been engaged in, is to give evidence, and the applicant or respondent proposes to cross-examine the person referred to personally, the court may direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or respondent to conduct the cross- examination personally.

Where an applicant or respondent, as the case may be, is prevented from cross-examining a witness above the court shall—

invite the applicant or respondent to arrange for a legal representative to act for him or her for the purpose of cross-examining the witness, and
require the applicant or respondent to notify the court, by the end of such period as it may specify, as to whether a legal representative is to act for him or her for that purpose.

If by the end of the period, the applicant or respondent has notified the court that no legal representative is to act for him or her for the purpose of cross-examining the witness or no notification has been received by the court and it appears to the court that no legal representative is to so act, the court shall consider whether it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose.

If the court decides that it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose, the court shall appoint a legal representative (chosen by the court) to cross-examine the witness on behalf of the applicant or respondent.

Requirement to give Reasons

Where an application is made to a court for restraining order, the court shall give reasons for its decision—

to grant or refuse the application,
if applicable, to make the order applied for subject to exceptions or conditions, or
if applicable, to vary the exceptions or conditions referred to in paragraph (b).

Taking Effect

A relevant order shall take effect on notification of the making of the order concerned being given to the respondent. Oral communication to the respondent by or on behalf of the applicant of the fact that a relevant order has been made, together with production of a copy of the relevant order, shall, without prejudice to the sufficiency of any other form of notification, be taken to be sufficient notification to the respondent of the making of the order.

If the respondent is present at a sitting of the court at which the relevant order is made, that respondent shall be taken to have been notified of its making.

A court may direct that a relevant order be served personally by a member of the Garda Síochána on a respondent who is not present at a sitting of the court at which the order is made in any case where there are reasonable grounds for believing that the respondent may evade service of the order, or there is any other good and sufficient reason to so direct.

Copies of orders to be Given

The court, on making, varying or discharging an restraining order , shall cause a copy of its restraining order as the case may be, to be given or sent as soon as practicable—

to the applicant,
to the respondent,
where an application has been made by a member of the Garda Síochána, to that member,
to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the person, for whose benefit the order is made, resides,
where the order in question is a variation or discharge of an order and the person for whose benefit the order was made had previously resided elsewhere, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which that person had so resided, but only if that member had previously been sent under this subsection a copy of that order, or any order relating thereto, and
insofar as is reasonably practicable, where the order in question prohibits or restricts the respondent from approaching a specified place, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the specified place is situated.

The validity of an order shall not be affected by non-compliance with these requirements.

Exercise of jurisdiction in Civil Proceedings

The jurisdiction of the court in respect of these proceedings may be exercised—

as regards the Circuit Court, by the judge of the Circuit Court within whose circuit either the applicant or respondent resides, and
as regards the District Court, by a judge of the District Court for the time being assigned to the district court district within which either the applicant or respondent resides.

A person concerned who would, but for the conduct of the respondent, be residing at a place may be treated by the court as residing at that place.

Hearing of proceedings

An application shall be heard otherwise than in public, subject to limited exceptions. Proceedings shall be as informal as is practicable and consistent with the administration of justice.Judges hearing and determining proceedings under this Part, and barristers and solicitors appearing in those proceedings, shall not wear wigs or gowns.

A member of the Garda Síochána not below the rank of sergeant may request the Courts Service to arrange a special sitting of the District Court for the purposes of the making of an application under this Part where a person has informed the member that he or she wishes to make an application under these provisions , and at the time the person so informs the member, there is no District Court sitting in the district court district in which that person would make such an application if that court was sitting.

The Courts Service may, with the consent of a judge of the District Court arrange such special sittings of the District Court in the district court district as may be necessary. A “special sitting” means a sitting of the District Court at a place and time not standing appointed for the time for the transaction of the business of the District Court.

Evidence through Link

In proceedings, a person (other than the respondent) may give evidence through a live television link where that person has not attained the age of 18 years, unless the court sees good reason to the contrary, in any other case, with the leave of the court.

Evidence so given shall be video-recorded or audio-recorded. Where live television link facilities are not in operation in a circuit court or district court district, and in the opinion of the court concerned it is desirable that evidence in proceedings under this Part be given through a live television link, the court may by order transfer the proceedings to a circuit or district court district in relation to which those facilities are in operation.

Right to be Accompanied

An an applicant may, in addition to being accompanied by his or her legal representative (if any), be accompanied in court by an individual of his or her choice. The court may refuse to allow an applicant to be accompanied in court by a particular individual at any stage in the proceedings which relate to the applicant if the court considers that it would not be in the interests of justice for the individual concerned to accompany, or continue to accompany, the applicant and where the court so refuses it shall give reasons for such refusal.

Costs & Rules

The costs of proceedings under this Part shall be at the discretion of the court.

For the purpose of ensuring the expeditious hearing of applications, rules of court may make provision for the service of documents otherwise than in the standard way.

Extraterritoriality

An restraining order may be made against a respondent who resides or is present in the State, or intends to come to the State. An restraining order may be made for the benefit of an applicant who resides or is present in the State, or in certain cases, does not reside or is not present in the State.

In determining whether to make an restraining order, the Court may take into account conduct that occurred inside or outside the State, and before or after the coming into operation of the Act.

Offence

A person who contravenes a restraining order made against him or her commits an offence and shall be liable on summary conviction to a class B fine or to imprisonment for a term not exceeding 12 months. This is without prejudice to the law relating to contempt of court or any other liability, whether civil or criminal, that may be incurred by the person concerned.

Arrest without warrant

Where a member of the Garda Síochána has reasonable cause for believing that an offence is being or has been committed the member may, on complaint being made to him or her by or on behalf of the person who was the applicant, as the case may be, for the order concerned, arrest the respondent concerned without warrant. For the purpose of arresting a respondent a member of the Garda Síochána may enter, if need be by force, and search a place where the member, with reasonable cause, suspects the respondent to be.

Prohibition on publication or broadcast

Where a person is charged with an offence, a person who publishes or broadcasts identifying material commits an offence.This does not apply where the relevant person consents in court to being identified or to the person charged with the offence being identified, or both.

The court in which proceedings for the offence are brought may, where satisfied that it is in the interests of justice to do so, direct that such information, photograph, depiction or other representation applies as the court may specify may be published or broadcast in such manner, and subject to such conditions, as may be specified in the direction.

Before giving a direction the court shall take into account the views of the relevant person, and the nature or circumstances of the case, and in particular the effect of the publication or broadcast concerned on the relevant person.

A person who contravenes the terms of a direction commits an offence. A person who commits an offence is liable—

on summary conviction to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or
on conviction on indictment to a fine or to imprisonment for a term not exceeding three years, or both.

It shall be a defence for a person who is charged with an offence to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had reason to suspect—

that the information, photograph, depiction or other representation published or broadcast was identifying material, or
that the information, photograph, depiction or other representation was published or broadcast in contravention of the terms of a direction

“identifying material”, in relation to an offence means information, or a photograph, depiction or other representation of the physical likeness of the relevant person or of the person charged with the offence, that is likely to enable the identification of the relevant person or of the person charged with the offence;

The operation of this legislation is without prejudice to the powers of the court under section 10 (4) of the Non-Fatal Offences against the Person Act 1997 or section 46 of the Criminal Law (Sexual Offences) Act 2017.