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Conditions in personal safety orders

Information about conditions that may form part of a personal safety order.

Each personal safety intervention order has conditions to restrict the respondent’s behaviour.

The magistrate may include any conditions that appear necessary or desirable in the circumstances.

In deciding what conditions to impose the magistrate must allow for the possibility of mediation occurring in future between the affected person and respondent.

The Act provides examples of conditions. They include:

  • prohibiting the respondent from committing prohibited behaviour against or stalking the protected person
  • excluding the respondent from the protected person’s residence
  • prohibiting a respondent student from attending a school
  • prohibiting the respondent from approaching, telephoning or otherwise contacting the protected person, unless in the company of a police officer or specified person
  • prohibiting the respondent from being within a specified distance of a specified place, such as the protected person’s home or place of work
  • prohibiting the respondent from causing another person to engage in conduct prohibited under the order
  • revoking or suspending a weapons approval held by the respondent
  • cancelling or suspending the respondent’s firearm licence.

See s. 67—Personal Safety Intervention Orders Act 2010 (Vic).

If respondent is a child

Special considerations apply when excluding a child from his/her home or a student from a school.

See Exclusion order from property.

If excluded from a particular place

If the court includes a condition that excludes the respondent from a place then the court must ask the respondent to provide an address for service. This may be an email address.

If an application is made by the police

The court can still make an order even if the affected person does not agree, however the kinds of conditions that can be made by the court are limited under these circumstances.

See Final orders.

More information

Legislation

Personal Safety Intervention Orders Act 2010 (Vic)

  • Part 3 Division 7—Conditions on personal safety intervention orders
  • s. 66—the court must consider including conditions that will not prevent mediation between the parties
  • s. 67—allows the court to include any conditions that it thinks is necessary in a personal safety intvervention order
  • s. 68—court has to ask about firearms and weapons

See Personal Safety Intervention Orders Act 2010 (Vic).

Updated