Personal Safety Intervention Order

Have you been charged with offences in relation to a Personal Safety Order or summonsed or bailed to appear at court in relation to a Personal Safety Notice?

Then you should consult a lawyer with experience in this area of the law.

Dribbin & Brown have offices in Dandenong, Ringwood, Frankston, Geelong, Moorabbin and in the Melbourne CBD in close proximity to the local Courts. We appear regularly at these Courts representing clients dealing with matters pertaining to the Personal Safety Intervention Orders Act 2010.

The charge: Section 100, Offence for contravention of Personal Safety Intervention Order.

What is the difference between a Family Violence Intervention Order and  Personal Safety Intervention Order?

Family members (there is a broad definition of family members) being protected from other family members must apply for a Family Violence Intervention Order. Unrelated parties must apply for a Personal Safety Intervention Order.

For more information on Family Violence Intervention Orders click here or on the right of this page. The charges in relation to Family Violence Protection Orders can be more serious than Personal Safety Intervention Orders.

How to get a Personal Safety Intervention Order

An applicant must attend the proper venue (being the Children’s Court or Magistrates’ Court) to make an application for an intervention order.

Depending on whether the court is satisfied on the balance of probabilities that an interim order is required to preserve the property of the affected person or to ensure the safety of the protected person the court may grant an interim order. An interim order has the full force of a full order.

Section 35 of the Personal Safety Intervention Order Act 2010 outlines the legislative test in relation to the granting of an interim order.

How to get a Final Personal Safety Intervention Order

Per section 61 of the Personal Safety Intervention Order Act 2010, if the court is satisfied on the balance of probabilities that the person:

  • has committed prohibited behaviour against the affected person;
  • is likely to do so again; and
  • the conduct would cause a reasonable person to feel fear for their safety

then the Magistrate may make a final order.