2 Types of Intervention Orders and Their Differences

Intervention orders are a cornerstone of personal and public safety in Australia. They serve as a legal barrier between you and someone who poses a threat to your well-being.

However, not all intervention orders are created equal. You should be aware of two types of intervention orders:

Family Violence Intervention Orders (FVIO) and Personal Safety Intervention Orders (PSIO).

Family Violence Intervention Orders (FVIO)

What It Covers

Family Violence Intervention Orders are specifically designed to protect individuals from domestic violence situations.

This could involve physical abuse, emotional or psychological manipulation, and even financial control by a domestic partner or family member.

Who Can Apply

Generally, the person applying for an FVIO should be in a domestic relationship with the respondent.

This includes spouses, de facto partners, relatives, and even housemates in some cases.

How It Works

Once an FVIO is granted, it can impose various restrictions on the respondent, such as prohibiting them from entering certain areas like the applicant’s home, workplace, or children’s schools.

It can also restrict communication methods, like phone calls, texts, or social media interactions.

Also read: 5 Essential Reasons to Extend IVO

FVIO Application

A Family Violence Intervention Order (FVIO) is a legal order made to protect individuals from family violence, which may include physical abuse, emotional abuse, threats, or controlling behaviour by a family member.

To apply for an FVIO, an individual must complete an application form and submit it to the Magistrates’ Court of Victoria.

The applicant must detail the incidents of family violence and may be required to attend a court hearing where a magistrate will assess whether the order is necessary for their safety.

Support is available from various legal and community services to assist applicants in understanding the process and preparing their applications.

These services can provide guidance on how to compile the required information and represent the applicant during court proceedings if necessary.

The court may issue an interim order to provide immediate protection while the application is being processed.

Personal Safety Intervention Orders (PSIO)

What It Covers

Unlike FVIOs, Personal Safety Intervention Orders are not limited to domestic relationships. They can be used in disputes involving neighbours, acquaintances, or strangers.

PSIOs can protect you from stalking, harassment, and threats of violence.

Who Can Apply

Any individual who feels threatened or harassed by another person can apply for a PSIO.

The relationship between the applicant and the respondent does not need to be domestic.

How It Works

PSIOs can also impose a variety of restrictions, similar to FVIOs.

These could include staying away from the applicant’s residence or workplace and ceasing all forms of communication with them.

🔑 Key Takeaway: Knowing the difference between FVIO and PSIO is more than just legal jargon; it’s about understanding the protective barrier that best suits your situation.

Whether you’re dealing with domestic abuse or neighbourhood harassment, there’s an intervention order designed to give you the protection you need.

To get an intervention order, you can apply at your local Magistrates’ Court. The application can be made in person, and you may choose to represent yourself or be assisted by a lawyer.

PSIO Application

A Personal Safety Intervention Order (PSIO) is a legal measure designed to protect individuals from harassment, stalking, or threats of violence from someone other than a family member.

To apply for a PSIO, you must file an application with the Magistrates’ Court of Victoria. The process involves:

• Completing a form.
• Providing details about the incidents of concern.
• Attending a court hearing where a magistrate will decide whether to grant the order based on the evidence presented.

Applicants can seek assistance from various legal and community organisations throughout the application process.

These organisations provide support in understanding the legal requirements, preparing the necessary documentation, and representing applicants in court if required.

It’s important to gather all relevant information and evidence to substantiate the need for protection under a PSIO.

Consult A Legal Expert 

Intervention orders are essential to the Australian legal system, offering protection for those in need.

However, they come with their own complexities and potential for misuse. Whether you’re applying for or contesting an intervention order, it’s crucial to understand the types, procedures, and implications involved.

And don’t underestimate the value of legal advice; consulting a legal expert can provide invaluable insights and guidance, helping you navigate this complex area of law effectively.