Personal Safety Intervention Order (PSIO) Guide

In Victoria, the Personal Safety Intervention Order Act 2010, outlines the purpose of such an intervention order, such as:

• Protecting the safety of victims of assault, sexual assault, harassment, property damage or interference with property, stalking and serious threats
• Promoting as well as assisting in the resolution of disputes through mediation where appropriate

What is a PSIO?

A personal safety intervention order is an order made by a Magistrate to protect a person from physical or mental harm caused by an individual who is not a family member. This order made by a Magistrate imposes conditions on the respondent in terms of how they can act and behave towards the applicant.

How to Apply for a PSIO

The process for applying for a Personal Safety Intervention Order is the same as applying for a Family Violence Intervention Order. The police or the applicant can apply for a PSIO on behalf of a person, or a person can make their own application to the Magistrates Court.

This application can be made by any person to the Magistrates Court, once they have filled out the paperwork required at the intervention order registry at their local court. Once this is completed, an appointment is made with the Registrar, who will view the application with the applicant.

When can a PSIO be granted?

In the Personal Safety Intervention Order act 2010, s61 sets out when the court can make a final PSIO order if they are satisfied on the balance of probabilities that the respondent:

• Committed prohibited behaviour against the applicant (affected person) and is likely to do so again, or the respondent behaviour would cause a reasonable person to fear for his/her safety
• Stalked the affected person and is likely to continue to do so or do so again
• The respondent and affected person are not related or family members
• It is appropriate in all circumstances of the case to make a final order

Prohibited Behaviour

• Assault
• Sexual assault
• Harassment
• Property damage or interference
• Making a serious threat

Magistrate’s Powers in a PSIO

The Magistrate Court may include many different conditions on a personal safety order, including:

• Prohibiting the respondent from committing prohibited behaviour against the protected person
• Prohibiting the respondent from stalking the protected person
• Excluding the respondent from the protected person’s residence
• Prohibiting the respondent from approaching, telephoning or otherwise contacting the protected person
• Prohibiting the respondent from being anywhere within a specified distance of the protected person

Interim PSIO

When the application is made and lodged at the Magistrates Court, the matter is listed before a Magistrate or a registrar to determine if an interim order should be in place and the conditions that are necessary to protect the applicant.

Final Intervention Order

A final intervention order is an order made by the Magistrate, for a period of time. This duration can be agreed between parties, but the court will have the final say in the matter.

Contact Information

If you’ve been charged with offences concerning a Personal Safety Intervention Order or have been summonsed or bailed to appear in court in relation to a Personal Safety Notice, contact our hotline at 1800 117 533.