Restraining orders in Ireland, explained by Matthew de Courcy, Partner.

Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023 Act, introduced Restraining orders in Ireland. 

The Criminal Justice (Miscellaneous Provisions) Act 2023 introduces provisions for individuals seeking protection from violence or harassment through specific civil court applications. Under section 28, an applicant (or Garda Síochána on their behalf) can request a court order against a respondent if there’s evidence of threatening or harmful behaviour.

The court may issue an order to prevent the respondent from:

• Using violence or threats.
• Harassing or following the applicant.
• Approaching the applicant’s home, work, or school.

The order can be for up to 5 years but may be for shorter period based on the court’s assessment of the facts presented. In urgent cases, an ex-parte application can be made for an immediate interim order, lasting up to 8 days.

Orders can be made with a suite of conditions as necessary to ensure the applicant’s safety. Non-compliance with the court order by the respondent can lead to criminal sanctions for breaches, once the applicant makes a complaint to Garda Síochána, ordinarily at their local station.

This act strengthens the legal framework for assisting vulnerable individuals to mitigate against the harmful behaviour of third parties, ensuring a swift and robust response, to matters where parties require immediate protection. Until the implementation of the Criminal Justice (Miscellaneous Provisions) Act 2023, many individuals were not entitled to seek civil reliefs for protection against harassment and stalking, as they fell outside the scope of the Domestic Violence Act, 2018.

The Criminal Justice (Miscellaneous Provisions) Act 2023, broadened the remit of protections available to individuals in Ireland. The Domestic Violence Act, 2018, afforded protections to parties provided they were interacting as part of a familial relationship or an existing/ previous intimate relationship. In contrast to family law orders such as protection, safety and barring orders, retraining orders are civil orders, that afford an applicant, protection against certain relevant conduct that fall outside the scope of the domestic violence legislation.

If you would like more information or to discuss any of the above in more detail, please feel free to book a consultation with myself or any of our experienced family law team.