[October 18th, 2024 Dublin, Ireland] Irish victims of harassment and stalkers no longer have to suffer in silence. Due to new legal legislation victims can go to the District Court for restraining orders. This will hopefully be a quick and cost effective remedy towards stopping stalkers and to protect victims rights.

The Act introduces several key amendments to existing legislation, particularly the Non-Fatal Offences against the Person Act 1997. These changes include provisions for non-fatal strangulation and suffocation, which are now recognized as specific offences. The legislation also expands the definition of “relevant conduct” to encompass a wider-range of behaviours associated with stalking and harassment. 

Additionally, the Act provides for increased maximum sentences for certain offenses, such as:

• • Assaulting an on-duty Garda or emergency service worker (increased from 7 to 12 years)

• • Assault causing harm (increased from 5 to 10 years)

• • Conspiracy to murder (increased from 10 years to life imprisonment) [1]

These amendments reflect a comprehensive approach to addressing various forms of violence and intimidation, aligning Irish law more closely with EU & international standards in tackling such offenses.

Part 5 of the Act introduces significant changes to restraining orders, allowing them to be issued prior to criminal conviction. This includes provisions for emergency restraining orders lasting up to eight days, which can be granted on an ex- parte basis (without the stalker being present or even aware you are making the initial Court application ) when there’s an immediate risk to the applicant’s safety.

Civil protection orders for victims who haven’t been in an intimate relationship with the alleged perpetrator are also included, though these provisions are yet to be fully implemented. The expected operational date for these civil protection orders is September 2024, addressing a crucial gap in protection for stalking victims outside of domestic relationships.

Concerns have been raised about the requirement for stalking to have a “substantial adverse impact” on the victim’s daily activities, with critics arguing this could be difficult to prove and may deter reporting[1]. Amendments were proposed to shift focus onto the perpetrator’s conduct rather than the impact on the victim. The legislation aligns with Northern Ireland’s Protection from Stalking Act 2022, which has been in effect since April 2022, facilitating better handling of cross-border stalking cases[2]. This alignment is crucial for addressing crimes that may occur in both jurisdictions, as offenders habitually resident in Northern Ireland can be prosecuted there for stalking committed wholly in Ireland[2].

If you have any questions regarding this post or need help with regards to stalking & harassment – please do not hesitate to contact Peter Connolly Solicitors 6 Capel Street Dublin City Ireland. Online Zoom calls can be arranged by appointment.

Phone: +353 (0) 1 8729436

E-mail: info@peterconnolly.ie