Personal Safety Intervention Orders

A Personal Safety Intervention Order is a legal order made by a magistrate to stop someone from behaving in .a way that makes you feel unsafe. It’s used when the person causing the harm is not a family member (if they are, a Family Violence Intervention Order may be more appropriate). The order has conditions (rules) that the person it’s made against-called the respondent-must follow. If they break these rules, it can lead to criminal charges.

Who Can You Get an Order Against?

You can apply for a PSIO if you’re having issues with someone like:

– A neighbour
– A friend or ex-friend
– A co-worker or boss
– A landlord or tenant
– A student
– Even a stranger

What Behaviour Does It Protect You From?

You don’t need to wait for physical violence to occur. A PSIO can protect you from:

– Assault – hitting, pushing, choking, or unwanted sexual contact
– Harassment – bullying, intimidating, or sending abusive messages
– Property damage – damaging or threatening to damage your things
– Threats – to harm you, your pets, or to release private information
– Stalking – following you, watching you, or contacting you repeatedly

How Do You Apply for One?

Applying for a personal safety intervention order is free and can be done at your local Magistrates’ Court.

Here’s how:

1. Fill out a form – It’s called the Information for Application for a Personal Safety Intervention Order.

2. Go to the court – You’ll have an interview with a registrar.

3. Get a court date – Once accepted, you’ll be given a summons for your first hearing.

What Happens After You Apply?

– You (or the police) will sign the application and receive the court date.
– The magistrate might issue an interim order to protect you until the hearing. This can happen even if the respondent isn’t there yet.
– If the person breaks the interim order, it’s a crime.

If You’re the Person the Order Is Against (the Respondent)

You’ll receive the application and any orders made by police. You can:

– Agree to the order without admitting to what’s claimed
– Dispute the order at a court hearing
– Offer an undertaking (a promise to behave), if the other party agrees
Mediation may be an option if the issue is non-violent and both parties are willing to talk.

Going to Court

The court process is similar to that for family violence orders. If you’re disputing the order, it’s a good idea to get legal advice. Duty lawyers can’t always help at contested hearings, especially for respondents.

What Happens If an Order Is Made?

– Both you and the other person will get a copy of the order.
– It will explain what the respondent can and can’t do.
– The order does not give the respondent a criminal record, but if they break it, they can be fined or even jailed.

FAQs About Personal Safety Intervention Orders

Q: What is the difference between a family violence order and a personal safety order?
A: A family violence order protects you from a family member. A personal safety order is for someone who is not a family member.

Q: How long does a personal safety intervention order last?
A: It depends on your situation. Some last a few months, others longer.

Q: Do I need evidence to get an order?
A: Not always, but any details you can give will help the court understand why you’re asking for protection.

Q: Can I include my children?
A: Yes, you can ask the court to include children or others at risk.

Q: Can I bring someone with me to court?
A: Yes! You can bring someone to support you and help you remember what’s said.

Q: What if I’m under 18?
A: If you’re between 14 and 17,  you will need the court’s permission. The Children’s Court can help.

Need Help?
– Visit the Magistrates’ Court of Victoria website to learn more or apply.
– Call your local police station if you’re in immediate danger.
– Contact the Dispute Settlement Centre of Victoria if the dispute is non-violent and you want to try mediation.

You have the right to feel safe. If someone’s making you feel threatened, reach out and find out if a personal safety intervention order is right for you.