Notice of withdrawal of a personal safety intervention order (Form PSIO3)

Rule 4.08 of the Magistrates' Court (Personal Safety Intervention Orders) Rules 2021 (Vic) says a party seeking to withdraw an application must either file a written notice of withdrawal, which the registrar serves on the respondent, or make an oral application if they attend court. Form PSIO3, headed on the form itself as an application to withdraw an application, is that written notice. Filing it does not end the case on its own: the form explains that a judicial officer must decide and order the withdrawal at a hearing, and that any interim personal safety intervention order continues until the court orders the application withdrawn.

When you need it

• You applied for a personal safety intervention order (as a private applicant or as police) and no longer want to go ahead with the application.
• You cannot, or would rather not, ask to withdraw orally at court (r 4.08(b)).
• Not for ending a final order that has already been made: that needs an application to revoke it under the Act (ss 80, 85; r 4.05).

1. 1

   About the application

   Insert the court venue and case number, your name, whether you are the applicant (non-police) or a police applicant, and the respondent's name. Tell the court if your email or home address has changed.

2. 2

   Your reasons

   Confirm you want to withdraw the application and state your reasons.

3. 3

   Read the acknowledgements

   You acknowledge that the respondent will be served with the notice under rule 4.08(a), and (where police are the applicant) the affected person too, and that if the application is withdrawn the protection of any interim order will end.

4. 4

   Sign and date, and add the listing

   Sign and date it, and fill in the court, date and time the matter is currently listed.

• File the notice with the Magistrates' Court where the application is listed. The registrar serves it on the respondent (r 4.08(a)); the form says the affected person is also served where police are the applicant.
• The withdrawal is considered at a hearing. The page given to the recipient says the court recommends attending, as that is where the judicial officer decides and explains the decision.
• Alternatively, if you attend court, you can make the withdrawal application orally (r 4.08(b)).

• Think about safety first: once the court orders the application withdrawn, any interim order stops protecting you.
• The second page of the form is information for the person who receives it, including free legal help services. Contact your local court if you have questions about the process.
• The court's form finder lists this form as a notice of withdrawal of a personal safety intervention order, but the form withdraws the application, not an order already made.