Personal Safety Intervention Orders

Personal Safety Intervention Orders are governed by the Personal Safety Intervention Order Act 2010 (Vic).

An individual can make an application to the Magistrates’ Court for an intervention order against a person who is not a family member. 

The person in need of protection on an intervention order is called the “applicant” or the “affected person”. The person who the application is made against is called the “respondent”. The order requires the respondent to engage in or refrain from engaging in the conduct specified in the order.

An intervention order contains conditions to prevent the respondent from committing prohibited behaviour or stalking. Conditions of an intervention order may include:

• not to commit prohibited behaviour;
• not to attend a particular location;
• not to communicate with the applicant; or
• not to stalk the applicant.

A breach of the conditions imposed may result in a respondent being charged with a criminal offence.

What is Prohibited Behaviour?

Prohibited behaviour is defined as:

• assault;
• sexual assault;
• harassment;
• property damage or interference; or
• making a serious threat.

A personal safety intervention order may also be made if the respondent has committed stalking. Stalking is defined as serious intentional behaviour causing physical or mental harm to a person. This also includes an apprehension of physical or mental harm.

Keeping a person under surveillance or cyberstalking may also be considered as stalking.

Interim Orders

The Magistrates’ Court may make an interim intervention order if:

• it is necessary, pending a final decision about an application, to ensure the safety of the applicant; or,
• it is necessary, pending a final decision about an application, to protect any of the applicant’s property; and,
• it is appropriate in all of the circumstances to make the interim orders.

Interim Orders will ordinarily protect the applicant until the intervention order application has been finalised.

Who may apply for a personal safety intervention order?

• A police officer; or
• An affected person; or
• Anyone else, with the affected person’s written consent.

If the affected person is a child:

• A parent of child; or
• Anyone else with the written consent of the parent, or with leave of the court; or
• If the child is aged 14 years or above, the child may apply with leave of the court.

If the affected person has a guardian, then the guardian may apply.

Interim Orders

The Magistrates Court may make an interim intervention order if:

• It is necessary, pending a final decision about an application, to ensure the safety of the affected person or to preserve any of their property; and
• It is appropriate to make the order in all the circumstances of the case

Interim Orders may be made ex-parte, without notice to the respondent. 

Final Personal Safety Intervention Order

A court may make a final order if the court is satisfied, on the balance of probabilities, that the respondent has committed prohibited behaviour against the affected person and is likely to continue to do so or do so again. 

Common Questions

How long will the intervention order be in place for?

If satisfied, on the balance of probabilities, that the respondent has committed prohibited behaviour against the affected person and is likely to continue to do so or do so again. a final order will be made for a period of time that the Court deems appropriate.

Can I contest the application for a personal intervention order?

Yes, you can. A respondent may contest an application for a personal safety intervention order or consent without admissions to a final order. 

What is an undertaking?

An undertaking is a possible outcome for an intervention order application. An undertaking is likely to have similar conditions to an intervention order. It is an agreement between the respondent and the applicant that the respondent will meet certain conditions. Upon the respondent and applicant agreeing to an undertaking the applicant withdraws their application for an intervention order. 

Unlike an intervention order, police cannot charge someone for breaching the conditions of an undertaking.