Personal Safety Intervention Orders

Personal Safety Intervention Orders concern non-family relationships and should not be confused with Family Violence Intervention Orders.

What is a Personal Safety Intervention Order?

A Personal Safety Intervention Order, or PSIO, is made under the Personal Safety Intervention Orders Act 2010 (Vic). It concerns protection from prohibited behaviour or stalking outside the family-relationship framework used for FVIOs.

The relationship between the parties is therefore important. A dispute involving a current or former partner, relative or another person treated as family may fall under the Family Violence Protection Act 2008 (Vic) instead. A dispute involving a neighbour, colleague, employer, employee, acquaintance, former friend or stranger may fall within the PSIO framework if the statutory requirements are met.

A PSIO application is not proof of the allegations. The Court decides whether an interim or final order should be made under the PSIO Act.

Prohibited behaviour, stalking and the statutory test

The PSIO Act defines prohibited behaviour to include assault, sexual assault, harassment, property damage or interference, and making a serious threat. It also contains a detailed statutory concept of stalking.

Not every unpleasant interaction, argument or neighbour dispute justifies an order. For a final order based on prohibited behaviour, the Court must be satisfied of the statutory matters, including past conduct, the likelihood of continuation or repetition, and the required harm or fear. A different statutory pathway applies to stalking.

The facts, course of conduct, relationship and available evidence matter. Labels such as “harassment” should be supported by a clear account of what was said or done, when, and why the statutory test is said to be met.

Applicant, affected person and respondent

The applicant brings the application. The affected person is the person whose protection is sought; once protected by an order they may be described as the protected person. The respondent is the person against whom the application or order is sought.

An affected person may apply, and other permitted applicants may act in circumstances provided by the Act. Police can also apply. The application should set out the conduct alleged, the protection sought and any related proceedings or existing orders.

If the people are family members within the Victorian definition, the appropriate application may instead be an FVIO. The Court should not make overlapping final PSIO and FVIO protection where the legislation prevents it.

Interim orders and conditions

The Court may make an interim PSIO before the application is finally determined where the statutory basis is established. An interim order is protective and temporary; it may be made before all disputed evidence is heard and is not necessarily a final finding.

Conditions can prohibit specified behaviour, contact, publication, surveillance, approaching a person or location, property damage, or acting through another person. The order may protect more than one person and may include property-related conditions.

Conditions differ between cases. Read the complete document and comply once it is operative. An informal agreement or resumed contact does not amend the order.

First hearings, mediation and possible resolution

At an initial hearing, the Court may address service, interim protection, the parties’ positions and the future conduct of the case. A respondent may seek advice about consent, consent without admissions where available, negotiating conditions or contesting the application.

The PSIO framework gives mediation a particular role. The Court may consider whether mediation is appropriate, and non-violent disputes may be referred for mediation or assessment. Mediation is not suitable for every matter, especially where safety, serious threats or violence are alleged.

An undertaking may be considered where available and agreed. It is a promise rather than a court order. Its suitability depends on the conduct alleged, ongoing relationship, safety issues and the positions of the parties and any police applicant.

Contested hearings and final orders

If the application remains disputed, the matter may proceed to a contested hearing. Preparation may include particulars of the alleged incidents, messages, photographs, recordings lawfully obtained, documentary material and witnesses.

At the hearing, evidence can be given and tested and the parties make submissions. The Court determines whether the relevant statutory test is established on the balance of probabilities. The applicant must establish the requirements; the existence of interpersonal conflict alone is not enough.

If a final order is made, it states the enforceable conditions and duration. A final PSIO is not itself a criminal conviction. It may be made after a contested hearing or by consent, including without admissions where appropriate.

Alleged contraventions

Contravening an operative PSIO can result in criminal investigation and charge. The exact condition, service or awareness, alleged conduct and any applicable statutory qualification must be examined.

Contact through digital platforms, publication about another person, attendance at a prohibited location and third-party communication can be relevant depending on the conditions. Do not attempt to work around an order.

Bring the application, every interim or final order, proof of service if available, relevant communications and any police documents when seeking advice. For general FVIO information, visit the family violence intervention-order guide, or contact the practice about the document you have received.

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Legal information on this website is general in nature. Advice about your circumstances can help you understand the proceeding, the proposed conditions and the options available.