Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

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Personal safety intervention orders

Find out how a personal safety intervention order protects you from someone who is not a family member, how to apply or respond to an order, and what happens at court.

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A personal safety intervention order is an order made by a magistrate to protect a person from physical or mental harm caused by someone who is not a family member.

The order has rules, called ‘conditions’, about how the respondent (the person the order is made against) can behave towards the applicant or protected person (the person the order protects). The respondent must follow the conditions of the order.

If the protected person and respondent are family members, you need a family violence intervention order instead.

If you are under 18 please call us to talk about your options. We may be able to speak or meet with you before your court date.

What is a personal safety intervention order?

The magistrate may make a personal safety intervention order if the respondent has done any of the following things to the protected person:

  • assault
  • sexual assault
  • harassment
  • property damage or interference with property
  • serious threats
  • stalking.

Visit our page When you can get a personal safety intervention order for more information.

Who can apply for an personal intervention order

A person can apply for a personal safety intervention order if they are over 18. Children can be included on an application.

A police officer or any other person with the written consent of the affected person can also apply.

How to apply

To apply for an order you need to fill out an Application for a personal safety intervention order form from the Magistrates' Court of Victoria website. You will then have an interview with the registrar at court.

Applying for a personal safety intervention order is the same as Applying for a family violence intervention order. You can also find out more by visiting the Magistrates' Court of Victoria website.

To find out about conditions in your application, visit Conditions in a personal safety intervention order.

What happens next?

You (the applicant) will sign the application to say it is correct, you will also get a copy of the summons, which has the date of the court hearing.

An interim order can be made to protect the protected person until the court hearing. The magistrate can make an interim order even if the respondent is not there. The interim order can continue until the next court date. It is a crime for the respondent to breaching an interim order.

Responding to an order

If you are the respondent, the police will send you copies of the application, summons and any interim orders made.

If you are served with a personal safety intervention order you can:

  • agree to an order being made while disagreeing with what is said about you in the application – this is called ‘consent without admissions’
  • argue against the order – you will need to come back to court for a contested hearing
  • offer an undertaking (which means a promise to the court to do or not to do certain things), but which requires the applicant to agree to it.
  • resolve a dispute by mediation – if the protected person agrees.

These options are the same as the Respondent options for dealing with a family violence intervention order.

Going to court

You can learn more about going to court for a mention hearing as

Information about breaching a personal intervention order is the same as Breaching a family violence intervention order or safety notice.

If the respondent disagrees with an order, they should see a lawyer before the contested hearing. Duty lawyers cannot help respondents at this hearing.

Visit Other support for violence, abuse and personal safety.

Magistrates' decision

The magistrate will consider whether the protected person fears for their safety and whether the respondent is likely to commit this behaviour again.

The magistrate will make a decision after considering the evidence and what both parties want to do.

If a personal safety intervention order is made

Both the protected person and respondent will get a copy of the order. It will explain what the respondent can and cannot do and how long the order will last. It is important that everyone understands the conditions on the order.

The respondent must follow the conditions of the order. An intervention order does not give the respondent a criminal record, but being found guilty of breaching the order can lead to a criminal record.

If the respondent is found guilty of breaching the conditions of the order they may have to pay a heavy fine or go to jail.

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