In Victoria, Personal Safety Intervention Orders (PSIOs) play an important role in safeguarding individuals from harassment, stalking, or threatening behaviour.
While these orders aim to provide protection, they can sometimes be issued based on misinterpretations or false allegations. If you have been served with a PSIO and believe it is unjust, understanding how to contest an intervention order is critical.
This article outlines key legal strategies for defending against a PSIO while ensuring compliance with Victorian law.
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What is a Personal Safety Intervention Order?
A Personal Safety Intervention Order is a legal order issued by a Magistrates’ Court to protect a person from behaviours that threaten their safety or wellbeing.
Unlike family violence intervention orders, PSIOs are intended for disputes involving individuals who are not family members, such as neighbours, colleagues, or acquaintances.
A PSIO typically includes conditions prohibiting the respondent from contacting the protected person, approaching certain locations, or engaging in specified behaviours.
Breaching these conditions can result in criminal charges, making it essential to address the order promptly if you intend to contest it.
Grounds for Contesting a PSIO
To successfully contest a PSIO, it is crucial to demonstrate that the order is unnecessary or unjust. Common grounds include:
Lack of Evidence: The applicant must prove, on the balance of probabilities, that the alleged behaviour occurred and poses a genuine threat to their safety. Insufficient or unsubstantiated claims can weaken their case.
Application lacks merit. In some cases, applicants may exaggerate or fabricate claims due to personal conflicts. Demonstrating inconsistencies in their evidence can challenge the legitimacy of the order. There Court must be satisifed on the balance of probabilities that prohibited behaviour against the protected person occurred and that there is a likelihood that it will continue to occur.
Defensive or Innocent Conduct: Actions misconstrued as harassment or intimidation may have been defensive, unintentional, or lawful. Presenting evidence of your intent and context can help clarify the situation.
Steps to Contest an Intervention Order
If you decide to contest a PSIO, following the correct legal procedures is essential. Here are the steps involved:
Step 1. Seek Legal Advice
Engaging an experienced lawyer familiar with Victorian law is vital. They can assess your case, identify weaknesses in the applicant’s claims, and develop a tailored legal defence strategy.
Step 2. Prepare for the Mention Hearing
The mention hearing is the first court date, where procedural matters are addressed. At this stage, you can:
Indicate whether you consent to or contest the order.
Request additional time to seek legal advice or gather evidence.
Your lawyer can also negotiate with the applicant or their legal representative to resolve the matter without a contested hearing.
Step 3. Gather Evidence
Evidence plays a pivotal role in contesting a PSIO. Relevant evidence may include:
Witness statements supporting your account of events.
CCTV footage, text messages, emails, or other communications that refute the allegations.
Documentation showing your whereabouts at the time of alleged incidents.
Step 4. Attend the Contested Hearing
If the matter proceeds to a contested hearing, both parties will present their evidence and arguments before a Magistrate. To succeed, your lawyer will:
Cross-examine the applicant to highlight inconsistencies or weaknesses in their claims.
Present your evidence to establish that the order is unwarranted.
Argue that the applicant’s fear is unreasonable or that your conduct was lawful.
Step 5. Comply with Interim Orders
While contesting a PSIO, interim orders may be in place. It is critical to comply with these conditions to avoid potential breaches, which could harm your case.
Common Defences Against a PSIO
Several legal defences can be used to contest a PSIO, depending on the circumstances:
Factual dispute. Demonstrating that the alleged behaviour did not take place or does not meet the legal threshold for harassment, stalking, or threats.
Reasonable Excuse: Showing that your actions were justified or lawful, such as retrieving your property or responding to a genuine emergency.
Misidentification: Providing evidence that you were not the individual responsible for the alleged conduct.
Key Considerations When Contesting a PSIO
Burden of Proof
The applicant must prove their case on the balance of probabilities. This standard is lower than “beyond reasonable doubt” but still requires, relevant and credible evidence.
Court Behaviour
Your demeanour in court can influence the outcome. Remain respectful, follow your lawyer’s advice, and present yourself professionally.
Costs
While contesting a PSIO can be costly, a successful defence can prevent long-term consequences, including reputational damage and restrictions on your daily life.
The Consequences of Failing to Contest
It is always important to get legal advice as to whether to contest an intervention order or to seek to negotiate appropriate conditions, or consent to a Final Order on a without admission basis. Your decision will be informed on the extent to which a Final Order will:
Restrict your movements and activities.
Impact your employment, particularly if your work involves certain locations or individuals.
Lead to criminal charges if you breach the order.
Additionally, the making of a Final Personal Safety Intervention Order will lead to a respondent becoming a prohibited person for the purpose of firearm possession and licensing. Read here, for more information about intervention orders and Victoria’s firearm legislation.
Protect your rights and secure your future with our expert legal defence.
Facing a Personal Safety Intervention Order can be daunting, but with the right legal strategies and support, you can effectively contest the intervention order and protect your rights.
By understanding the grounds for defence, gathering compelling evidence, and adhering to court procedures, you can challenge the validity of the allegations and achieve a favourable outcome.
If you need expert assistance with contesting a PSIO, contact Pascoe Criminal Law. Our experienced team specialises in Victorian law and can guide you through every step of the legal process.
