Civil Restraint Orders Face Growing Backlog and Cost Threats

Vulnerable applicants pursuing civil restraint orders in Ireland are facing substantial financial hurdles as courts increasingly award legal costs against unsuccessful claimants. Speaking at the Law Society Family and Child Law Conference, Keith Walsh SC warned that failed applications under section 28 of the Criminal Law (Miscellaneous Provisions) Act 2023 are regularly resulting in adverse cost orders of approximately €3,000. For ordinary citizens seeking judicial protection against stalking and severe harassment, this looming financial exposure threatens to undermine the statutory protections introduced by the Oireachtas.

Chilling Financial Repercussions for Claimants

The introduction of section 28 civil restraint orders was intended to provide a swift, civil mechanism for victims of stalking and invasive, unwelcome behaviour. Unlike relief under domestic violence legislation, applicants are not required to demonstrate a domestic or familial relationship with the respondent. However, this independent civil route transfers the primary financial burden and litigation risk directly onto the claimant. In the event of an unsuccessful hearing, the emerging trend of District Court judges granting costs to respondents introduces an intimidating barrier for those seeking personal safety.

Senior Counsel Keith Walsh highlighted that the standard adverse cost award of €3,000 represents a formidable sum for the vast majority of working households. The risk of having to pay a respondent's legal fees could effectively deter up to 90 per cent of potential applicants from pursuing necessary protections. When statutory frameworks shift the financial hazard to private individuals rather than relying on state-funded prosecutions, access to justice inevitably narrows. For everyday claimants in Ireland, the cost of an unsuccessful legal action must now be weighed against the persistent fear of stalking and harassment.

Surging Volumes and District Court Pressure

The financial deterrent comes amidst an unprecedented surge in demand across the Irish Courts Service. In 2025, the initial full operating year for the legislation, more than 1,800 civil restraint orders were granted nationwide. The influx has placed severe administrative strain on the District Court list, where civil restraint applications must compete for limited judicial time alongside domestic violence proceedings, child care matters, and standard summary claims. In metropolitan courts such as Dublin, single daily lists routinely feature a dozen or more contested hearings, each demanding protracted legal argument and witness testimony.

Outside Dublin, the operational pressures are even more pronounced due to circuit constraints and limited bench cover. The enactment of the 2023 legislation occurred without a commensurate injection of resources, specialised staff, or courtroom allocations for the District Court. As a consequence, ordinary civil lists are increasingly bottlenecked. Practitioners note that while initial ex parte applications can be accessed swiftly in emergency scenarios, standard plenary hearings are frequently deferred for months, prolonging anxiety for applicants and increasing interim legal costs.

Broad Scope and the Evidentiary Threshold

Civil restraint orders represent a potent remedy within Irish jurisprudence, carrying terms that can significantly restrict an individual's liberty and daily movement for up to five years. Under the statutory terms, orders can prohibit violence, direct threats, physical surveillance, communications of any kind, or approaches near workplaces and homes. The statutory threshold remains relatively accessible, requiring the court to be satisfied that the respondent's conduct generated a reasonable fear of violence or caused serious alarm and distress that substantially impaired the applicant's day-to-day life.

Because the legal barrier to entry is comparatively low and the consequences for the respondent are severe, proceedings are often vigorously contested by defence counsel. When applications lack definitive documentary evidence, digital forensics, or contemporaneous reporting to An Garda Síochána, courts may decline to grant the order. This dynamic creates a dangerous trap for genuine applicants who, lacking legal representation or sufficient evidentiary backing, find themselves subjected to thousands of euros in adverse cost liabilities upon dismissal.

Calls for Procedural Reform and Resource Allocation

Legal practitioners are increasingly calling for statutory clarity and systemic safeguards to prevent civil restraint orders from becoming a mechanism accessible only to the affluent. Without formal cost protection regimes similar to those seen in personal injury assessments or specialised employment forums, claimants bear an acute financial vulnerability. Legal aid expansion and clearer cost protections in civil restraint lists are being advocated by family law practitioners to preserve the core legislative intent of safeguarding vulnerable individuals.

Furthermore, the growing procedural backlog reinforces the need for dedicated courts or administrative streams within the Irish civil justice apparatus. As claims mount under the Criminal Law (Miscellaneous Provisions) Act 2023, the Courts Service requires focused resources to ensure cases are dispatched without undue delay. Until institutional reform addresses the dual dilemmas of list congestion and severe cost orders, many victims may continue to find the civil pathway to safety obstructed by overwhelming financial anxiety.