how to go about reporting harrassement and getting a restraining order

20goto10

How do I go about reporting harassment and getting a restraining order stopping both direct and indirect contact? Do I go to the guards or do I need a solicitor?

Miaireland

I am not sure but I would think that you would need to make a statement to the Guards. I am sure if you contact your local Garda station they would be able to advice you.

Maximilian

If you feel you are in any immediate danger, talk to the Gardai. Otherwise you would need to go to a solicitor.

20goto10

Maximilian wrote: »

If you feel you are in any immediate danger, talk to the Gardai. Otherwise you would need to go to a solicitor.

Thanks. I'm not in any physical danger but I am under a lot of stress and need the person to stop his vendetta. I guess it's a solicitor I need to talk to.

Thanks.

luckat

You might also ask this question over on the Parenting forum (Soc/Parenting). I seem to remember some people there dealing with this problem.

NUTLEY BOY

If you go the criminal law route you might note section 10 of the Non-Fatal Offences Against the Person Act, 1997. In particular you might note paragraph 3 about a restraining order. This route would depend on the defendant being convicted first.


10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

[GA] (2) For the purposes of this section a person harasses another where—

[GA] ( a ) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and

[GA] ( b ) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.

[GA] (3) Where a person is guilty of an offence under subsection (1), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may, specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person.

[GA] (4) A person who fails to comply with the terms of an order under subsection (3) shall be guilty of an offence.

[GA] (5) If on the evidence the court is not satisfied that the person should be convicted of an offence under subsection (1), the court may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court is satisfied that it is in the interests of justice so to do.

[GA] (6) A person guilty of an offence under this section shall be liable—

[GA] ( a ) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

[GA] ( b ) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.

dermot_sheehan

You need to see a solicitor.

If it's a case of immediate danger you contact the gardai.

If it's a case involving your spouse or someone you live with your solicitor can get a safety or barring order under the domestic violence act from the district court.