Intervention Orders in South Australia

In South Australia, intervention orders may be sought to prohibit either domestic abuse or non-domestic abuse. These orders restrain a person from behaving in a particular manner towards another person or persons and make it an offence for a person to breach those restraints. The law that governs intervention orders in South Australia is the Intervention Orders (Prevention of Abuse) Act 2009. This page deals with intervention orders in South Australia.

These legal protection orders serve as a crucial safeguard for individuals experiencing harassment, threats, or violence. They provide immediate legal recourse and can help prevent escalation of abusive situations. Understanding the process and requirements for obtaining an intervention order is essential for anyone seeking protection under South Australian law.

Applying for an intervention order

Who can apply for an intervention order

An application can be made to the Magistrates Court of South Australia. Alternately, the police can be approached about seeking an intervention order on your behalf.

If a person is under 14, then a parent or other adult representative must apply for an order on their behalf. Additionally, any person who has a proper interest in the welfare and safety of another person may apply for an intervention order to protect that person. This includes family members, friends, or carers who are concerned about someone's safety.

Application process and requirements

When applying for an intervention order, applicants must provide detailed information about the abuse or threatened abuse. This includes specific incidents, dates, and circumstances that demonstrate the need for protection. The application must clearly establish the relationship between the applicant and the defendant, and explain why the order is necessary to prevent future abuse.

Emergency applications can be made outside normal court hours through police or magistrates available for urgent matters. In cases of immediate danger, police can seek urgent interim orders to provide immediate protection while a full hearing is arranged.

When will an order be made?

Legal test for granting intervention orders

Under section 6 of the Intervention Orders (prevention of Abuse) Act 2009, an intervention order may be issued if:

• It is reasonable to suspect that the defendant will commit an act of abuse against a person without intervention; and
• The issuing of the order is appropriate in the circumstances.

Types of abuse covered

The Act defines abuse broadly to include physical abuse, sexual abuse, emotional or psychological abuse, economic abuse, threatening behaviour, stalking, and property damage. The court considers the pattern of behaviour rather than isolated incidents when determining whether to grant an order. Domestic violence intervention orders cover abuse between family members or intimate partners, while non-domestic intervention orders address abuse between other parties such as neighbours, acquaintances, or strangers.

Court process

Initial application and hearing

To obtain an intervention order, an individual must submit an application to the local Magistrates Court and receive a hearing date. The defendant will then be served with the application and, if they wish to dispute it, must appear in court. If the defendant fails to appear, the court may make the order in their absence.

Contested hearings

If the defendant attends court and opposes the order, the court will schedule a contested hearing for a later date. During this hearing, both parties will present evidence, and the court will decide whether or not to grant the order. In some cases, the court may issue an interim order that remains in effect until a final decision is made.

During contested hearings, witnesses may be called to give evidence, and both parties can present documentary evidence such as text messages, emails, photographs, or medical reports. The standard of proof is on the balance of probabilities, which is lower than the criminal standard of beyond reasonable doubt.

Intervention order conditions

Standard conditions

Under section 12 of the Intervention Orders (Prevention of Abuse) Act 2009, an order may impose a range of conditions, including:

• Prohibiting the defendant from entering specific premises
• Prohibiting the defendant from making contact with the protected person
• Requiring the defendant from return certain personal property to the protected person

An order can also extend these protections to someone else who resides with the protected person, like their child.

Additional conditions and intervention programs

Additionally, the court may mandate that the defendant participates in an intervention program. A program manager will evaluate the defendant to determine whether they are a suitable candidate for the program.

Other conditions may include prohibiting the defendant from possessing firearms, requiring them to surrender weapons, restricting their movements in certain areas, or preventing them from consuming alcohol or drugs. The court tailors conditions to address the specific circumstances and risks identified in each case.

Length of intervention orders

The duration of an order in South Australia is not specified under the Act. These orders remain in effect until a court revokes or alters them.

If you need to modify or terminate an intervention order due to changed circumstances, seeking legal advice from a solicitor is recommended. If the order was obtained by the police on your behalf, you should consult a police officer.

Intervention orders can be varied or revoked under section 22 of the Act if circumstances change significantly. Both the protected person and the defendant can apply for variations, though any changes must still serve the purpose of preventing abuse and protecting the applicant's safety.

Breaches of intervention orders

Criminal penalties for breaches

Violating an intervention order in South Australia is a criminal offense under section 31 of the Intervention Orders (Prevention of Abuse) Act 2009. Such a breach can lead to imprisonment or a fine. The maximum penalties that apply for breaching an intervention order range from imprisonment for two years to imprisonment for ten years, depending on the nature of the breach and on the offender's criminal history.

What constitutes a breach

A breach occurs when a defendant fails to comply with any condition of the intervention order. This can include direct contact with the protected person, entering prohibited premises, or failing to participate in mandated programs. Even seemingly minor violations, such as sending a single text message or briefly entering a restricted area, can constitute a breach with serious legal consequences.

Interstate recognition and enforcement

South Australian intervention orders are recognised and enforceable in all other Australian states and territories under the Family Law Act 1975 (Commonwealth). This means that if either the protected person or the defendant travels interstate, the order remains valid and can be enforced by local police.

Conversely,