Intervention Orders in South Australia
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.
Applying 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.
When will an order be made?
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.
Court process
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.
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.
Intervention order 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 to 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.
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.
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.
Breaches of intervention orders
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.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
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Michelle Makela
National Practice Manager
Michelle Makela is a Legal Practice Director at Go To Court Lawyers. She holds a Juris Doctor, a Bachelor of Science (Psychology) and a Master of Criminology. She was admitted to practice in 2006. Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.
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