Information Centre · Criminal & Personal Safety Law
Personal Safety Intervention Orders in Victoria
Where there is no family relationship between the parties, Victorian law still offers protection from threatening, intimidating or harmful conduct — through a Personal Safety Intervention Order.
Key points
- Personal Safety Intervention Orders protect people from non-family threats, assaults, stalking or property damage.
- Applications are made in the Magistrates' Court of Victoria.
- Interim orders can be made quickly where there is an immediate safety concern.
- Final orders are made after a contested hearing or by agreement on a without-admissions basis.
- Breaching a PSIO is a criminal offence with serious consequences.
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Most people are familiar with Family Violence Intervention Orders, but fewer understand that Victoria also provides legal protection where the parties are not family members.
A Personal Safety Intervention Order (PSIO) is a court order designed to protect a person from threatening, intimidating or harmful conduct by another person where no family relationship exists between them. These orders commonly arise in disputes involving neighbours, former friends, acquaintances, work colleagues, customers, tenants, landlords or members of the public.
What Is a Personal Safety Intervention Order?
A Personal Safety Intervention Order is made under the Personal Safety Intervention Orders Act 2010 (Vic). Its purpose is to protect a person from prohibited behaviour and to prevent that behaviour from continuing or recurring.
A Magistrate may impose conditions restricting a respondent's conduct if satisfied that legal grounds exist for the order.
Examples of prohibited behaviour include:
- assault;
- sexual assault;
- harassment;
- stalking;
- damage to property;
- interference with property; and
- serious threats.
The court's primary concern is the safety and protection of the affected person.
Who Can Apply for a PSIO?
A person who has experienced prohibited behaviour may apply to the Magistrates' Court for a Personal Safety Intervention Order.
The person seeking protection is known as the affected person or applicant, while the person against whom the order is sought is known as the respondent.
Applications may be:
- made personally by the affected person; or
- brought on the person's behalf by Victoria Police.
In urgent circumstances, police may seek immediate protection pending a court hearing.
The Court Process
Once an application is filed and accepted by the Magistrates' Court, it will generally be listed for an initial mention hearing.
Several outcomes are possible at this stage:
Withdrawal of the Application
The applicant may decide to withdraw the application.
Consent Without Admissions
The respondent may agree to the making of a final order without admitting the allegations. This is often referred to as a consent order made "without admissions".
Contested Proceedings
If the respondent disputes the allegations or opposes the order, the matter will be adjourned for further directions and ultimately a contested hearing.
Interim Orders
Before the final hearing, the court may make an Interim Personal Safety Intervention Order.
An interim order may be granted where the court is satisfied, on the balance of probabilities, that immediate protection is necessary:
- to ensure the safety of the affected person;
- to preserve the affected person's property; and
- where making the order is appropriate in all the circumstances.
An interim order takes effect once served on the respondent and remains in force according to the Act and its own terms until a final order is made, the interim order is revoked or set aside, or another applicable statutory endpoint is reached.
Importantly, breaching an interim order is a criminal offence.
Final Hearings
If the matter proceeds to a contested hearing, both parties may present evidence and call witnesses.
Section 61 of the Personal Safety Intervention Orders Act 2010 (Vic) sets two alternative bases for a final order, each to be established on the balance of probabilities:
- the respondent has engaged in prohibited behaviour towards the affected person, is likely to continue or repeat that behaviour, and the conduct would cause a reasonable person to fear for their safety; or
- the respondent has stalked the affected person and is likely to continue or repeat the stalking.
In each case the parties must not be family members within the meaning of the Family Violence Protection Act 2008 (Vic), and the Court must be satisfied that making the order is appropriate in all the circumstances.
Unlike criminal proceedings, the Court does not apply the higher standard of proof of "beyond reasonable doubt". Instead, the civil standard of proof — the balance of probabilities — applies.
How Long Does a PSIO Last?
There is no fixed duration prescribed by legislation.
Under sections 77–79 of the Act, the Court may specify a period for a final order. In doing so, the Court must consider the applicant's risk assessment and the protected person's views where applicable, and may consider relevant matters concerning the respondent. Where the respondent is a child, the specified period must not exceed 12 months unless there are exceptional circumstances.
If the Court does not specify a period, the order continues in force until it is revoked or set aside on appeal.
Common Conditions of a PSIO
The conditions imposed by the court will vary depending on the circumstances, but commonly include prohibitions against:
- committing prohibited behaviour;
- stalking the protected person;
- approaching the protected person;
- contacting the protected person by telephone, text message, email or social media;
- publishing information about the protected person online;
- attending the protected person's home, workplace or other specified locations; and
- interfering with or damaging the protected person's property.
In more serious cases, the court may prohibit the respondent from living at or attending a particular address.
What Happens If a PSIO Is Breached?
A breach of a Personal Safety Intervention Order is a criminal offence.
Depending upon the circumstances, a respondent who breaches an order may be arrested, charged and prosecuted by police. Significant penalties can apply, including fines and imprisonment.
Because of these consequences, it is important for respondents to fully understand the terms of any order made against them and obtain legal advice where necessary.
Obtaining Legal Advice
Whether you are seeking protection from another person's conduct or responding to an application made against you, obtaining legal advice at an early stage can make a significant difference to the outcome of the proceedings.
At Parke Lawyers, we advise both applicants and respondents in Personal Safety Intervention Order matters throughout Victoria. We can assist with applications, interim hearings, contested hearings, variations and appeals.
If you require advice regarding a Personal Safety Intervention Order, contact our team to discuss your circumstances and the options available to you.
Frequently Asked Questions
What is a Personal Safety Intervention Order?
A Personal Safety Intervention Order (PSIO) is a civil order made by the Magistrates' Court of Victoria under the Personal Safety Intervention Orders Act 2010 (Vic). It is designed to protect a person from prohibited behaviour — including assault, sexual assault, harassment, property damage, interference with property, serious threats and stalking — where the parties are not family members. Family-related matters are dealt with instead under the Family Violence Protection Act 2008 (Vic).
How is a PSIO different from a Family Violence Intervention Order?
The two schemes are separate. A Family Violence Intervention Order (FVIO) is available under the Family Violence Protection Act 2008 (Vic) where the parties fall within the statutory definition of 'family member' (including current and former intimate partners, relatives and certain carer relationships). A PSIO applies where the parties are not family members — commonly neighbours, former friends, acquaintances, workmates or members of the public. Using the correct scheme matters; a PSIO application in a family-violence context can be refused or transferred.
Who can apply for a PSIO?
The affected person may apply, or Victoria Police may apply on the affected person's behalf. In urgent situations, police can seek immediate protection pending a court hearing. Legal representation is not required to apply but is often useful, particularly in contested matters or where an FVIO would be the appropriate scheme.
What must the Court be satisfied of before making a final order?
Under section 61 of the Personal Safety Intervention Orders Act 2010 (Vic), on the balance of probabilities the Court must be satisfied of one of two alternative bases. First, that the respondent has engaged in prohibited behaviour towards the affected person and is likely to continue or repeat it, and that the conduct would cause a reasonable person to fear for their safety. Second, that the respondent has stalked the affected person and is likely to continue or repeat that stalking. In each case the parties must not be family members and the Court must be satisfied that making the order is appropriate in all the circumstances. The criminal standard of 'beyond reasonable doubt' does not apply.
Can an order be made without a contested hearing?
Yes. A matter may resolve by consent 'without admissions', meaning the respondent agrees to the making of an order without accepting the underlying allegations. A consent order is enforceable in the same way as a contested order. Withdrawal of the application by the applicant is another possible outcome at the mention stage.
How long does a PSIO last?
There is no fixed duration prescribed by legislation. Under sections 77–79 of the Act, the Court may specify a period for a final order. In doing so the Court must consider the applicant's risk assessment and the protected person's views where applicable, and may consider relevant matters concerning the respondent. Where the respondent is a child, the specified period must not exceed 12 months unless there are exceptional circumstances. If the Court does not specify a period, the order continues in force until it is revoked or set aside on appeal. Orders may also be varied, extended or revoked on application under the Act.
Does a PSIO give me a criminal record?
No. A PSIO is a civil order. The making of an order is not itself a criminal conviction. However, breach of a PSIO (including an interim order) is a criminal offence which can result in arrest, prosecution and penalties including fines or imprisonment, and any resulting conviction will appear on the respondent's criminal record.
Does a PSIO affect firearms, employment or Working with Children checks?
It can. The making of an order can affect firearms authorisations and licensing, and — depending on the terms of the order and the nature of the conduct — may have consequences for employment, professional registration and Working with Children clearances. These consequences are not automatic and depend on the applicable regulator's assessment; specific advice should be obtained before consenting to conditions.
What evidence is useful in a PSIO application?
Contemporaneous records of the alleged conduct, including dated notes, screenshots of messages, emails, photographs of any property damage, medical or counselling records where relevant, and details of any witnesses. Applicants should avoid engaging in unsafe contact to 'gather evidence'. Where police have attended, incident numbers and copies of any statements or LEAP entries can assist.
Should I obtain legal advice?
Yes — for both applicants and respondents. Consent conditions, variations and contested hearings all have downstream consequences, and early advice can shape whether the correct scheme (PSIO or FVIO) has been chosen, whether conditions are workable and whether contested hearing is appropriate. This article is general information only and does not constitute legal advice.
Personal Safety & Intervention Orders
Speak with a Parke Lawyers Advocate
We act for both applicants and respondents in Personal Safety Intervention Order proceedings across Victoria. Confidential consultations are available in Melbourne CBD, Ringwood, by telephone or by video.
This article is general information only and does not constitute legal advice. Please obtain advice tailored to your circumstances.