FVIO vs PSIO: Which Intervention Order Applies to You?
Victoria has two types of intervention order designed to protect people from different types of threatening or harmful behaviour. Understanding which type applies to your situation is the first step — whether you are seeking protection or have been served with an application. This article explains the difference in general terms. It is general information only and is not legal advice.
Family Violence Intervention Orders (FVIOs)
A Family Violence Intervention Order (FVIO) is made under the Family Violence Protection Act 2008 (Vic). It protects a person — called the 'affected family member' — from family violence committed by a 'respondent' who is a family member.
The definition of 'family member' is broad and includes: current or former spouses and domestic partners; de facto partners (including same-sex partners); parents and children; other relatives; and people who share or have shared a home. 'Family violence' is also broadly defined — it includes physical violence, sexual assault, emotional and psychological abuse, economic abuse, threatening or coercive behaviour, and damage to property.
Personal Safety Intervention Orders (PSIOs)
A Personal Safety Intervention Order (PSIO) is made under the Personal Safety Intervention Orders Act 2010 (Vic). It protects a person from harassment, stalking, physical injury or property damage committed by someone who is not a family member — for example, a neighbour, a colleague, a former friend, or an acquaintance.
To obtain a PSIO, you generally need to show that the respondent has engaged in prohibited behaviour (such as stalking or harassment) and that the behaviour is likely to continue. A single serious incident may be sufficient, but the court also looks at the pattern of conduct.
Who can apply?
For an FVIO, the application can be made by the affected family member directly, or by police on their behalf. Police are required by law to apply for an FVIO in certain circumstances — for example, after attending a family violence incident. Children can also be protected under an FVIO, either as the affected family member or by being named as protected persons on an adult's order.
For a PSIO, adults can apply for themselves. A child can also be protected under a PSIO, but their application is made through a parent, guardian or relevant person on their behalf. Police can also apply for a PSIO in certain circumstances.
Typical conditions in each type of order
Both types of order can include conditions that prohibit the respondent from: committing family violence or prohibited behaviour; contacting the protected person by any means; approaching or remaining within a specified distance of the protected person or certain locations; and possessing firearms (automatic for FVIOs; discretionary for PSIOs).
For FVIOs, the conditions are often more extensive and the consequences of breach are more serious because of the family violence context. Courts applying the Family Violence Protection Act 2008 must give paramount consideration to the safety of the affected family member.
Which order applies if the respondent is a co-parent?
Where the respondent is a co-parent (for example, a former de facto partner with whom you share children), an FVIO applies — not a PSIO — because they are a family member. This is an important distinction because an FVIO can affect parenting arrangements in a way that a PSIO cannot.
Where there are parenting orders in place, an FVIO can interact with those orders in complex ways. For example, an order that prohibits contact may need to be read alongside a parenting order that requires it. Getting legal advice from a firm that handles both family law and intervention orders — like Freemont Family Lawyers — is particularly important in these situations.
General information only. This article provides general information about the law in Victoria and does not constitute legal advice. Every situation is different — you should seek advice from a qualified Australian lawyer before making any decision based on this information. Liability limited by a scheme approved under Professional Standards Legislation.
Key takeaways
- An FVIO protects against family violence by a family member (current/former partner, relative, housemate).
- A PSIO protects against harassment or harm by someone who is not a family member.
- Both are heard at the Melbourne Magistrates' Court.
- An FVIO automatically revokes the respondent's firearms licence.
- Co-parents are 'family members' — an FVIO applies, not a PSIO.
- An FVIO can interact with and affect existing parenting orders.
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