New civil orders restraining stalking behaviours can now be sought in at District Court level
A new legal mechanism enables victims to apply to the District Court for a civil order prohibiting an alleged perpetrator from engaging in a broad range of stalking-type behaviour, which may include following, watching, monitoring, pestering or impersonating a person. Photograph: iStockAlthough a full national picture is yet to emerge, the Courts Service could point to six civil order applications in Dublin, two in Limerick and one in each of Clare, Mayo and Galway.
“It is a huge step forward,” she said, adding that these victims have until now effectively had to wait for the situation to seriously escalate. Like protection orders under the Domestic Violence Act, these “anti-stalking” orders require a lower standard of proof than is needed to secure a criminal conviction, which requires proof “beyond all reasonable doubt”.
Dublin-based family law solicitor Keith Walsh SC has much experience invoking the protections of the Domestic Violence Act on behalf of clients. The accessibility and affordability of seeking justice in the District Court – the lowest jurisdiction in the judicial system – is a significant appeal, but Walsh said it is crucial more resources and judges are deployed to ensure the already over-stretched area can cope with increased demand.
She reported his conduct to gardaí but there was no response until he broke into her home armed with a hammer and assaulted her flatmate.
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