Practice Area Overview:

Personal Safety Intervention Orders (PSIO) are provided for under the Personal Safety Intervention Order Act 2010 (Vic) (“the Act”) and operate as a separate regime from Family Violence Intervention Orders.  A PSIO 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.

When making a PSIO, the Court will consider whether the Respondent to the Order has committed prohibited behaviour and if there is a risk to the Applicant that the Respondent’s behaviour will continue.

The conditions of a PSIO prevent the Respondent of the Order committing prohibited behaviours including: –

        (a)     assault; or

        (b)     sexual assault; or

        (c)     harassment; or

        (d)     property damage or interference; or

        (e)     making a serious threat.

 

Further, being the Respondent of even an Interim Order can have the following consequences: –

  1. The Respondent being removed from their property;
  2. The Respondent being restricted from attending their employment if it is with or near the Applicant; and
  3. Suspension of the Respondent’s firearms licence and the individual deemed a prohibited person under the Firearms Act 1996 (Vic) upon the making of a final Order, and prohibited from possessing a firearm for up to five years or more.

If you are seeking to apply for a PSIO for your protection or have been served with an Application and Summons to appear for a PSIO made against you, contact Pace & Associates Lawyers as soon as possible to obtain practical advice and expert representation.

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