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he lack of specific provision for civil restraining orders was a striking feature of Irish law for decades. Domestic violence orders have been available since 1996 and while they provide court protection for spouses, partners and certain people in defined relationships, those protections were often not wide enough.
Many victims of stalking and harassment were left without adequate remedies. The key options were complex and costly injunction proceedings or criminal complaints that might, in time, involve a conviction or a restraining order. That has changed since early September 2024 when a law which empowers the District Court to grant restraining orders took effect.
Unlike domestic violence orders, the new Civil Restraining Orders can be obtained against persons who are not relatives or partners. The law provides for seeking an order against someone “connected to” the applicant. What is meant by “connected to” is not defined, meaning there will likely be a case-by-case consideration of it but it does mean that a wide variety of situations and connections could be captured.
Orders are available in relation to what is referred to as “relevant conduct”, which covers a wide range of harmful behaviors. It involves conduct engaged in, without lawful authority or reasonable excuse, towards another person that would reasonably be considered likely to cause fear that violence will be used or serious alarm or distress. This could include:
- following, watching, monitoring, tracking or spying 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.
The last example appears vague but is likely to be highly useful in tackling unacceptable online behaviour involving apps or websites.
The District Court can make an order if satisfied that there are reasonable grounds to believe that Relevant Conduct has been engaged in and the order is necessary for, and proportionate to, protecting the safety and welfare of the applicant. The Gardaí can also apply for an order to protect someone where they are aware of conduct which justify making the application.
Orders can prohibit:
- the use of violence or threats of using violence;
- putting the applicant in fear;
- following or communicating by any means with or about the applicant;
- approaching, within a distance that the court will specify, the place of residence, education or employment of the person;
- engaging in such other forms of relevant conduct as the court specifies.
Emergency orders are available on a temporary basis and Civil Restraining Orders can last for up to 5 years, subject to court discretion and potential renewal. Breaching a civil restraining order is a criminal offense, punishable by fines, imprisonment, or both .
There are detailed court rules and procedures which set out how orders can be obtained and how they can be enforced. Applications will be dealt with during civil sittings of the District Court, and not family law sittings, but the in camera rule will apply so the proceedings will not be public. The law also provides for protection against direct cross-examination by the person against whom the order is sought.
When an order is made, a copy is given to the Gardaí local to the applicant as well as the parties to the case. The Court has the discretion to decide on awarding the costs of any application.
These legislative changes represent a significant step forward in protecting individuals from stalking and harassment and a range of other unacceptable behaviour.
