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When to use personal safety orders

It is not possible to get a personal safety intervention order if a family relationship exists between the parties concerned. That is, if a family relationship exists or has existed between the affected person and the person against whom the order is directed.

Personal safety intervention orders are available only where the affected person and the respondent are not related family members.

Where a family relationship already exists, then the applicant must instead apply for a protection order pursuant to the Family Violence Protection Act 2008.

The procedures and level of protection offered between the Personal Safety Intervention Orders Act and the Family Violence Protection Act are very similar.

The definition of family in the Personal Safety Intervention Orders Act is the same as in the Family Violence Intervention Orders Act.

More information

Legislation

Personal Safety Intervention Orders Act 2010 (Vic)

  • s. 12—where a personal safety intervention order may be made

See Personal Safety Intervention Orders Act 2010 (Vic).

Family Violence Protection Act 2008 (Vic)

  • s. 8—family member is defined

See Family Violence Protection Act 2008 (Vic).

Updated