Personal Safety Intervention Orders in Victoria

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 until the next court date or further order of the court.

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.

The Magistrate must determine whether, on the balance of probabilities, the evidence establishes that:

• the respondent has engaged in prohibited behaviour or stalking;
• the respondent is likely to engage in that behaviour again;
• a reasonable person would fear for their safety as a result of the respondent's conduct; and
• it is appropriate in all the circumstances to make a final order.

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.

The length of an order will depend upon the circumstances of the case, including the nature of the conduct, the level of ongoing risk and the need for continuing protection.

Many final orders are made for 12 months, although longer periods may be imposed where appropriate. In some cases, orders may remain in force for several years.

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.