Personal Safety Intervention Order Lawyers in Melbourne
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Melbourne's intervention order experts
The right advice is crucial to get the best outcome for your intervention order case. With our team on your side, you can trust that the process will be as smooth and simple as possible.
We help explore every angle of your case and ensure that you get the quality legal advice and representation you deserve. We deal with all types of intervention orders and give our all to help safeguard your future. Whether you are an affected person in need of protection or someone who wishes to fight an unfair intervention order, our team is here to support you.
Ready to get started? Book a free consultation with our Melbourne intervention order experts now.
Need legal advice now? Call 03 8590 8370 to book your free consultation with a Personal Safety Intervention Order Lawyers in Melbourne today!
What are Personal Safety Intervention Orders?
Personal Safety Intervention Orders, often referred to colloquially as restraining orders, prevent physical or mental harm caused by another individual. Unlike a Family Violence Intervention Order, the protected person and respondent do not have to share a family relationship or be intimate partners.
A Personal Safety Intervention Order (PSIO) outlines prohibited behaviour, including:
- Sexual assault
- Property damage or interference with property
- Serious threats
To qualify for a PSIO, the affected person must have experienced any of the prohibited behaviours listed above from the other party.
If you are experiencing domestic violence from an intimate partner or family violence, see our page on Family Violence Intervention Orders.
Applying for a Personal Safety Intervention Order
If you require immediate protection, a police officer can arrive at your location and deal with the immediate situation. Depending on your circumstances, the officer may initiate your intervention order application themselves or recommend that you apply to the Court. In some cases, you may be offered an interim order that will protect you until you can attend court.
If you choose to apply for an intervention order yourself, you'll follow the process below:
1. Book an appointment at the Magistrates Court. You will need to obtain and fill out a personal safety intervention order application form, either online or in-person.
2. Attend your interview with the Court Registrar to finalise your application. You will be given your first court date (mention date or mention hearing) and police will serve the other party their summons.
3. Attend your court hearing. The Magistrate will review your case and ask the other party if they consent to the PSIO. If they do, the Magistrate will finalise your order. If they do not, you must attend a contested hearing at a later date. If you have an interim intervention order or require one, the Magistrate may grant you one until your next court date. In non-violent cases, the Magistrate may suggest that you attend mediation.
4. Attend your final hearing. If the Magistrate is satisfied that the respondent has committed prohibited behaviour and that there is a serious threat to your wellbeing, you will be granted a final order. A copy will be given to both you and the respondent, detailing all prohibited behaviour.
In general, a PSIO will last for 12 months, though the Magistrate can extend this for a longer period when the Court makes its final decision.
Violating a Personal Safety Intervention Order
The Courts consider any violation of an intervention order very seriously. While you will not receive a criminal record if you are the respondent to an intervention order, it is a criminal offence to violate your order. The maximum penalty for various infringements are as follows:
- Fines of up to 240 penalty units ($37,310) for breaching an intervention order
- Fines of up to 600 penalty units ($93,273) for persistent breaches
- Up to 2 years imprisonment for breaching an intervention order
- Up to 5 years imprisonment for persistent breaches
Apart from these, there are a number of sentencing options, including diversion, good behaviour bonds, fines, and Community Corrective Orders. The sentence you receive will depend on the severity of the crime, your intent, and any mitigating circumstances.
If you have been charged with committing prohibited behaviour against an affected person, you need criminal law experts on your side. Our lawyer team is here to help with any problems you may have and will ensure that you get the best outcome for your legal matter.
We can also help clients to fight intervention orders that they perceive as unfair or unwarranted. If you intend to fight the order at a contested hearing, it is vital that you obtain legal advice as soon as possible. While there are duty lawyers at the Magistrates Court for other stages of court proceedings, a duty lawyer will not be able to assist with this vital part.
We ensure that all the circumstances of the case are properly explored and that your side of the story is told.
Have questions about your Personal Safety Intervention Order? Get in touch with a lawyer from our team for a free consultation.