A Personal Safety Intervention Order (“PSIO”) is a Court Order made by a Magistrate under the Personal Safety Intervention Order Act 2010 (Vic), where the persons are not family members or in a relationship. For example, a neighbour or friend.
An Application can be made on the basis that the affected person has experienced and is likely to continue to experience prohibited behaviours, such as assault, sexual assault, harassment, stalking, property damage or threats.
Victoria Police have the power to apply for a PSIO on behalf of the affected person, even if the affected person does not want it, but the conditions on the Order must be limited, unless the affected person is a child or cognitively impaired.
It must be noted that these prohibited behaviours under a PSIO are separate to the criminal charges of assault, sexual assault, harassment, stalking, property damage or threats covered by Crimes Act 1958 (Vic).
The Court has the power to make an Interim Order against the Respondent. The Interim Order will operate until the matter proceeds to a Directions Hearing where the Respondent either disputes the allegations within the Application and the matter then proceeds to a Contested Hearing.
The difference between a PSIO and a Family Violence Intervention Order is that a PSIO has the option of being settled through mediation.
The Respondent can also consent to the Order for a specific period of time agreed to or determined by the Court.
Breaching the conditions of a PSIO results in being charged for a criminal offence.
