A personal safety intervention order (PSIO) can be a necesary legal tool when dealing with harassment, stalking, or threatening behaviour from someone who isn’t a family member. Whether you’re seeking protection or contesting an application for an order, navigating this process alone can be daunting. That is where an experienced intervention order lawyer in Melbourne comes in. Professional legal advice ensures you understand your rights, obligations, and options for achieving the best possible outcome.
Criminal defence and intervention order lawyers in Melbourne, like those at Burdon Legal, can help you through this process.
What is a Personal Safety Intervention Order (PSIO)?
A personal safety intervention order (PSIO) is a court-issued order designed to protect individuals from prohibited behaviours perpetrated by someone who is not a family member. Unlike family violence intervention orders (FVIVOs), PSIOs apply to relationships such as:
Neighbours
Work colleagues
Friends or former friends
Strangers
PSIOs aim to prevent behaviours like harassment, stalking, and threats that could lead to physical or emotional harm.
Common Reasons for Seeking a PSIO
You might need a PSIO if you are experience behaviours such as:
Stalking including persistent following, monitoring, or unwanted attention that causes fear.
Harassment including repeated unwelcome contact, messages, or intimidating behaviour.
Property damage where a person has vandalised or tampered with your property.
Harm or threats of harm including verbal or written threats that cause fear for your safety.
If you are experiencing any of these issues, consulting an intervention order lawyer is essential to protect your rights and safety.
The Process of Applying for a PSIO
Applying for a PSIO involves several steps, and having an experienced intervention order lawyer in Melbourne can make the process smoother and more effective.
Step-by-Step Application Process
Filing the application: You start by filling out an application at the Magistrates’ Court, detailing the behaviours that have caused you concern.
Interim order request: If immediate protection is needed, the court may grant an interim PSIO until the finall hearing takes place.
Serving the respondent: The police serve the respondent (the person the order is against) with the PSIO application and summons or Interim order, informing them of the allegations and conditions.
Court hearing: Parties can consent to an order or contest the allegations against them. This is where having a Melbourne criminal lawyer to represent you is invaluable.
Final order: If the matter goes to a contested hearing, after considering the evidence and legal test, the court decides whether to issue a final PSIO and what conditions to impose.
Conditions Imposed by a PSIO
A PSIO can include various conditions to ensure the protected person’s safety. These conditions often include:
No contact: Prohibiting the respondent from contacting the protected person in any form (calls, texts, emails, or social media).
Staying away: Requiring the respondent to maintain a specifc distance from the protected person’s home, workplace, or other locations.
No stalking or harassment: Banning any behaviour that could intimidate, harass, or threaten the protected person.
Restrictions on communication: Prohibiting indirect communication through third parties.
Contravening these conditions can lead to serious legal consequences including criminal charges. If you’re unsure about the conditions of a PSIO, consult an IVO lawyer in Melbourne for advice.
Legal Consequences of Breaching or contravening a PSIO
Breaching a PSIO is a serious offence under Victorian law. The consequences of a breach if a party is charged and found guilty can include:
Fines: Substantial monetary penalties, depending on the nature of the breach.
Imprisonment: Jail time for serious or repeated violations of the order.
Criminal record: a permanent criminal record, affecting employment opportunities and travel.
If you’ve been accused of breaching a PSIO, it’s critical you seek advice from a criminal defence lawyer in Melbourne. They can help you understand the charges and build a robust defence.
Opposing a Personal Safety Intervention Order
If you’ve been served with a PSIO, it’s essential to know your rights and how to contest the order. An experienced intervention order lawyer can help you:
Review the evidence by disputing the alleged facts before the court for lack of evidence, fabricated or exaggerated allegations.
Challenging the legal test or threshold applicable to the making of an order.
Negotiate conditions: Advocate for reasonable conditions if the application is not refused entirely.
Having a skilled Melbourne criminal lawyer on your side increases your chances of a favourable outcome.
Why You Need an Intervention Order Lawyer
Dealing with a PSIO on your own can be stressful and risky. An experienced intervention order lawyer can provide critical support by:
Explaining legal procedures by helping you understand each step of the process.
Protecting your rights by ensuring you don’t inadvertently contravene the order.
Building a strong case gathering evidence and preparing persuasive legal arguments.
Representing you in court with professional advocacy to achieve the best possible outcome.
What to Do if You Are Served with a PSIO
If you are served with a PSIO, it is critical to take the following steps:
Read the order carefully to understand all the conditions and prohibited behaviours.
Comply with the conditions so as to avoid breaching the order, even if you believe it is unjust.
Seek legal advice by contacting an intervention order lawyer to discuss your options.
Gather evidence including any relevant documents, messages, or witness statements.
Attend the hearing or a final order could be made in your absence.
Why Choose Burdon Legal for Your PSIO Case
Burdon Legal is a trusted name in Melbourne for handling intervention order cases. Here’s why they stand out:
Expertise in intervention orders with extensive experience in PSIOs and criminal defence matters.
Personalised approach in which they tailor legal strategies to your unique situation.
Proven track record in successfully defending numerous clients against intervention orders.
Local knowledge and familiarity with Melbourne’s courts and legal system.
Contact Burdon Legal today for expert legal advice.
Common Questions About PSIOs
What is the difference between a PSIO and an Family Violence IVO?A PSIO applies to non-family members, while an FVIVO covers family-related violence.
Can I contest a PSIO?Yes, you can challenge the order with the help of an intervention order lawyer.
What happens if I breach a PSIO?Breaching a PSIO can result in hefty fines, jail time, and a criminal record.
How long does a PSIO last?Typically, a PSIO will be ordered for 12 months;ultimately the court decides the length of the order. Do I need a lawyer to apply for a PSIO?While not mandatory, having a lawyer significantly improves your chances of success.
Comments