Civil restraining orders

Stalking is when another person causes you:

• To fear that violence will be used against you or someone close to you
• Serious alarm or distress that has a negative impact on your day-to-day life and sense of safety and well-being.

Stalking behaviour is usually fixated, obsessive, unwanted and repeated. Stalkers can be unpredictable and dangerous.

Stalking is now a crime under the Criminal Justice (Miscellaneous Provisions) Act 2023.

Examples of stalking

You may be experiencing stalking if someone is:

• Watching, monitoring, tracking or spying on you
• Threatening to harm you or someone close to you
• Pestering you
• Impersonating or pretending to act as you
• Communicating with others about you or pretending to act or communicate on your behalf.
• Disclosing private information about you to other people
• Interfering or damaging your property, including your pets
• Loitering near where you are as you go about your life: at home, at work and socially.
• Interfering with your email, and phone communications or online activity.
• Breaching a court order that prohibits them from communicating with or about you or approaching you

Read more about what stalking can look like on the Women’s Aid website.

You are not to blame and the stalker is fully responsible for their behaviour. If you feel in immediate danger, call 112 or 999.

Get support

You can get support for stalking from Women's Aid, stalkinginIreland.ie or other support organisations and services.

Talk to somebody you trust

Talk to somebody you trust such as a friend or trusted family member.

You may need to tell the people you live with and your employer too.

Plan your safety

• Vary your routine for example your route from work, or arrival times
• Ask a trusted friend to be on alert if you do not arrive when you are expected to
• Check your online and digital safety
• Keep a log of stalking incidents and evidence
• Stop communicating with the stalker

Read more about safety planning

Talk to the Gardaí

Report stalking to the Gardaí by ringing 999/112 or contact your local Garda station. Stalking is a criminal offence in Ireland. The police should be involved in these situations as early as possible.

Your legal options

If your stalker is a current or former intimate partner or your a family member, you can apply for a protective order such as safety or barring order. Read more about protective orders and how to get one.

If your stalker is not your current or former partner or a family member, you can get a Section 28 Civil Restraining Order to ban the person from continuing the stalking behaviour.

A restraining order or ‘civil order against relevant conduct’ is a court order against an offending person to stop the stalking behaviour.

What does a restraining order stop an offender from doing?

A civil restraining order may ban an offender person from:

• Using or threatening to use violence against you, molesting or putting you in fear
• Following you or communicating by any means with or about you
• Approaching a particular place such as your home, workplace, or school
• Doing anything else that the court specifies

Restraining orders are separate from the orders where there is an accusation of domestic violence. If your stalker is a current or former intimate partner or a family member you can apply for a protective order.

You can apply for a Section 28 Civil Restraining Order at the District Court if you are experiencing stalking from a person who is not your:

• Current or former partner or
• Family member

The order may also protect another person connected to you (e.g., a child, partner).

For more information contact your local district court or contact An Garda Síochána.

A garda can apply on your behalf

If a Garda is aware of the person’s relevant conduct, and in their opinion justifies you making an application, they can apply on your behalf.

A garda must seek out your views before applying for a civil restraining order for you.

What happens at the District Court?

The District Court can only hear the application when the person accused has been informed of the application.

Before the District Court issues a civil restraining order, it must be satisfied that:

• The person accused has behaved in a wrongful way (engaged in relevant conduct)
• The order is necessary and proportionate to protect your safety and welfare

If you believe there is an immediate risk to your safety and welfare, you can apply on an emergency basis for a temporary civil restraining order. An emergency temporary restraining order application can be made without the offending person being notified in advance.

A temporary civil restraining order lasts for a maximum of 8 days, but a court may specify a shorter time period.

When the person subject to the restraining order is notified, the civil restraining order takes effect.

If that person is present in court, the order begins immediately.

If they are not in court, they have to be told and provided with a copy of the court’s order. The court may direct a garda to do this.

A civil restraining order lasts for 5 years unless a shorter period is stated in the order, or it is discharged or cancelled by the courts.

You can appeal against a civil restraining order to the Circuit Court. You must appeal within 14 days of the order being made. The Circuit Court may extend the appeal period, but only for good reason.

The civil restraining order remains in force until the outcome of the appeal unless the District Court or the Circuit Court puts a stay (suspension) on the order.

During the appeal, the court will re-hear the application for an order. The Circuit Court can decide to:

• Make the same order
• Make a different order

or

• Refuse to make an order.

A court can change or end a civil restraining order after it is made if the victim, the person under the civil restraining order, or a garda applies to change or end the order.

If an application to change or end a civil restraining order is made by:

• The victim, the person under the civil restraining order must be notified.
• The person under the civil restraining order, the victim must be notified.
• A garda, they must notify both the victim and person under the civil restraining order.

A court only varies or ends an order if it considers it necessary or proportionate to do so.

You must comply with a restraining order issued by a court. If you do not comply and break the civil restraining order, then you are committing a criminal offence and you are liable on conviction to a class B fine or imprisonment for up to 12 months.

You may also be arrested without a warrant for failure to comply with an ASBO (an anti-social behaviour order).

An anti-social behaviour order or ASBO is a court order against a person who has been shown to behave in an anti-social manner. You can read more about Anti-social behaviour by adults

If you are experiencing domestic violence from an intimate relationship, you may be able to apply for a safety, protection or barring order.

If you feel in immediate danger, call 112 or 999. Members of the Gardaí are specially trained to deal with these situations and help you get support. You can also find a list of support organisations and services.