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Personal safety intervention orders

A personal safety intervention order is a court order that protects a person from physical or mental harm caused by a person who is not a family member.

You can get an order to protect yourself, your children, property or people supporting you from the following behaviour:   

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

In most cases these behaviours have to happen more than once to get an intervention order. They must also be deliberate. The person must know (or should have known) that their behaviour would be likely to cause harm, apprehension or fear. 

Assault and sexual assualt

Assault is when someone causes injury, pain, discomfort, or damage to another person. It also includes insult or deprivation of liberty. Sexual assault is an assualt of a sexual nature.

Harassment

Harassment is when someone is demeaning, derogatory or intimidating towards another person. It can include:

  • racial taunts
  • taunts about sexual orientation or gender identity
  • sexual harassment – unwelcome physical, verbal or written behaviour of a sexual nature
  • repeated insulting remarks.

It also includes conduct that is carried out by a third person.

Stalking

Stalking is when someone causes another person physical or mental harm. This includes self-harm, suicidal thoughts and fear for their own safety.

A person may be stalking you if they want to cause you physical or mental harm by:

  • following or watching you
  • going to or hanging around your home, work or any other place you regularly visit 
  • keeping a person under surveillance
  • contacting you in any way, including by post, telephone, fax, text message, or email 
  • putting information online about you
  • pretending to be you online or hacking into your computer 
  • tracing your use of the internet, email or other electronic communications
  • interfering with your property 
  • giving you offensive material or leaving it where you will find it 
  • bullying:
    • making threats
    • using abusive or offensive words within hearing of a person
    • doing something that is offensive when a person is present
    • abusive or offensive acts towards a person
  • making you fear for the safety of another person.

Making a serious threat

A serious threat means a threat to kill or inflict serious injury. It can include a combination of injuries or the destruction of a foetus.

Property damage or interference

Property damage or interference is when someone repeatedly and intentionally:

  • damages or destroys your property
  • interferes with your property, including withholding your property – for example, not giving you food or medication
  • threatens to damage, destroy or interfere with your property – for example, threatening to hurt your pet.

More information

Conditions in a personal safety intervention order

Using mediation to sort out disputes

How to get an intervention order

If an application has been made against you

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter.

Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ at the Magistrates’ Courts who can give you advice on the day of your hearing.

For some matters, we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

If you are in danger, call the police on ‘000’.

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.