Personal safety intervention orders for stalking

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TRIGGER WARNING: Please note this chapter (and pages it links to) contains information about family violence that may be triggering to family violence survivors.

Under the Personal Safety Intervention Orders Act 2010 (Vic) (‘PSIO Act’), it is possible to obtain a personal safety intervention order on the balance of probabilities for ‘stalking’ (defined in PSIO Act s 10). In such cases, the affected person/applicant and the respondent do not need to be family members.

Stalking is less common in family violence situations; it is more common between neighbours, co-tenants, boarders, lodgers, or acquaintances. The PSIO Act also covers cyber-stalking. In addition, stalking is a separate criminal offence under section 21A of the Crimes Act 1958 (Vic).

Personal safety intervention orders for stalking

Chapter: 4.4: Family violence

Contributor: Dr Renata Alexander, Barrister

Current as of: 1 September 2024

Law Handbook Page: 262

Next Section: Injunctions under the Family Law Act

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Undertakings in family violence cases
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Injunctions under the Family Law Act