Judge deploys new stalking law in case against Co Clare woman

The judge made the order under Section 28 4(c) of the Criminal Justice (Miscellaneous Provisions) Act 2023 which allows a court impose on a person suspected of stalking an exclusion order from their victim’s home, education, or workplace

Judge Gabbett said this is the first time he has received such an application and may be the first one of its kind in the State.

A judge has deployed a new law aimed at dealing with alleged stalking by ordering a Co Clare woman not to go within 500 metres of her ex-husband’s home.

At Ennis District Court, Judge Alec Gabbett made the restraining order on the woman under new legislation that only came into force last week.

Making the application on behalf of the man, solicitor Mairead Doyle said her client’s ex-wife “is constantly watching him”.

Ms Doyle said that the woman’s actions “are highly conspicuous and she is driving in and our of her ex-husband’s estate, sometimes with the lights off". 

"My client is effectively looking over his shoulder all the time."

Ms Doyle said she was making her application for the exclusion order “under the Act dealing with stalking that has just been introduced".

Judge Gabbett said the woman "does appear to be stalking, at least watching and besetting is the best word to use" her ex-husband.

He made the order under Section 28 4(c) of the Criminal Justice (Miscellaneous Provisions) Act 2023 which allows a court impose on a person suspected of stalking an exclusion order from their victim’s home, education, or workplace.

The order was made on an ex-parte basis where the ex-wife was not present and Judge Gabbett adjourned the case to this Friday where the woman is to appear in court in response to the order.

Ms Doyle told the judge: 

She will have to come in and deal with it. This has gone for a year — up to three times a week where she is parking opposite his house. She has no reason to be in his estate.

The man told Judge Gabbett that his ex-wife’s actions are impacting on his mental health. He said: “I am getting counselling over this.” 

Ms Doyle said her client has photographic evidence showing his ex-wife driving in and out of his estate.

She said: “They are separated a long time."

Ms Doyle said her client texted his ex-wife in January to ask her to stop doing this “but she didn’t respond”.

Judge Gabbett said this is the first time he has received such an application and may be the first one of its kind in the State.