Intervention Orders in Victoria: FVIO vs PSIO Under the Open Courts Act

Intervention Orders, sometimes referred to as restraining orders, are protective orders issued by the Magistrates’ Court to safeguard individuals from harmful, abusive or threatening behaviour. These orders prohibit certain actions that may place another person at risk, depending on the specific circumstances involved.

In Victoria, there are two primary types of intervention orders:

• Family Violence Intervention Orders (FVIO)
• Personal Safety Intervention Orders (PSIO)

The appropriate order depends on the relationship between the people involved, as well as the nature of the alleged conduct. Understanding the distinction between these intervention orders, and seeking legal advice early, is critical if you are applying for, responding to, or involved in intervention order proceedings.

What key terms should you understand about intervention orders?

Before looking at the types of orders, it’s important to understand some of the key terms:

• Applicant – the person applying for the order. This may be the affected person themselves or, in some cases, the police applying on behalf of someone else.
• Protected Person (or Affected Family Member) – the person the order is designed to protect.
• Respondent – the person the order is made against, who must comply with the conditions of the order.

While intervention orders are generally civil in nature, breaching any condition of an order becomes a criminal offence and may result in criminal charges.

What is a Family Violence Intervention Order and who does it protect?

A Family Violence Intervention Order protects a family member from another family member who is using violence, coercion, or other harmful conduct to cause physical, emotional or psychological harm. Family violence is broadly defined under the Family Violence Protection Act 2008 (Vic), and covers a range of abusive behaviours beyond physical assault.

Family members who may be protected under an FVIO include:

• Spouses or former partners
• De facto partners or those in intimate personal relationships
• Parents, children, stepchildren or guardians
• Relatives by birth, marriage or adoption
• Any other person who shares a family-like relationship

Family violence may involve:

• Physical or sexual abuse
• Emotional or psychological abuse
• Financial abuse or controlling access to finances
• Threats, coercion or intimidation
• Damage to property or pets
• Coercive control or isolating the victim from support networks

In some cases, a single FVIO may include multiple protected persons. For example, an order may cover both a partner and any children involved. Conditions of an FVIO generally prohibit the respondent from engaging in certain behaviours or making contact with the protected person. In certain situations, limited contact may still be permitted for specific purposes, such as arrangements relating to children.

Any breach of an FVIO is treated as a criminal offence, potentially resulting in fines, imprisonment, and long-term legal consequences.

What types of behaviour does a Personal Safety Intervention Order cover?

A Personal Safety Intervention Order applies when the individuals involved are not related or do not share a family or intimate relationship. These orders are made under the Personal Safety Intervention Orders Act 2010 (Vic), and aim to protect people from harmful behaviour committed by acquaintances, neighbours, colleagues, customers or strangers.

The Court’s main focus when determining whether to issue a PSIO is whether the respondent has engaged in ‘prohibited behaviour’, and whether there is a risk that this behaviour will continue.

‘Prohibited behaviour’ includes:

• Assault
• Sexual assault
• Harassment
• Property damage or interference
• Serious threats
• Stalking, which may involve following, cyberstalking, surveillance, or causing physical or mental harm

As with FVIOs, breaching the conditions of a PSIO is a criminal offence. Penalties can include criminal charges, substantial fines, or imprisonment, depending on the seriousness of the breach.

What are your legal options when responding to an intervention order?

If you have been served with an intervention order application and wish to contest it, there are several legal options available:

• Consent without admissions – You may agree to the order being made while not admitting to the allegations. This allows the order to proceed without the Court making any finding of wrongdoing.
• Undertaking – An undertaking is a written promise to behave in a particular way. Unlike an intervention order, breaching an undertaking does not carry criminal penalties, but may result in future intervention order proceedings.
• Contested hearing – You can request a contested hearing where evidence is presented, witnesses are cross-examined, and the Magistrate decides whether to make the order.
• Appeal – If you disagree with an order that has already been made, you may file an appeal within 30 days, which allows the matter to be reheard.

Having legal advice when responding to an intervention order is essential to ensure you understand your options, protect your legal interests, and navigate the process effectively.

Why is early legal advice essential when facing an intervention order?

Both Family Violence and Personal Safety Intervention Orders carry serious personal, professional, and legal consequences. Orders can be issued quickly, sometimes on an interim basis before a full hearing,  and the conditions imposed may affect parenting arrangements, employment, reputation, and future legal matters.

At Slades & Parsons, we assist clients with every aspect of intervention order matters, from initial applications through to contested hearings and appeals. Our team has extensive experience representing both applicants and respondents across intervention order representation.  If you require advice or representation, please contact our team to discuss your situation.We are highly experienced in all aspects of criminal law. For further assistance please do not hesitate to contact our office.