How much estimate?

goldsparkle

I am looking for a guide price or a rough idea or estimate involved in taking an issue to the civil court for an order? It's the new law that came in force last year - the michalleous act of 2023 and section 24 of stalking and harassment. There is now a route for seeking a court order to stop harassment. Naturally I will ask my solicitor when I have my appointment with them. But I am looking for a rough estimate?

Will there be a lot papers? Summons? Back and fourth options? Or will it be straight forward of applying to the court?

Claw Hammer

It seems that guard has to apply for the Order under the CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023.

goldsparkle

https://www.boards.ie/discussion/comment/122900219#Comment_122900219

Yes gardai can apply and it removes the criminal investigation part of stalking and harassment and turns it into a civil offence.

I am in a different talks with an organisation that helps people through stalking and harassment. It's such a new law. There's only been about 13 or 14 applications to the courts within the country since September.

My understanding is that individuals can also apply to the courts too for the matter to be dealt with.

This is some more information.

https://www.lawsociety.ie/gazette/in-depth/2024/october/serve-and-protect/#:~:text=The%20grounds%20for%20the%20civil,(Miscellaneous%20Provisions)%20Act%202023.

Waiting to hear back from my solicitor.

Claw Hammer

https://www.boards.ie/discussion/comment/122900721#Comment_122900721

What provision of the Act says individuals can apply?

Witcher

'28. (1) A—

(a) person (in this Part referred to as an “applicant”), or

(b) member of the Garda Síochána, acting in accordance with section 31 , on behalf of an applicant,

may apply to the court for an order under this section against another person (in this Part referred to as a “respondent”).'

Claw Hammer

https://www.boards.ie/discussion/2058382581/how-much-estimate

The price could vary a lot depending on the firm involved. In Dublin there are solicitors who specialise in family Law legal aid work who would charge a lot less that other solicitors who do commercial work. Outside Dublin the price would be somewhere between the two extremes.