Restraining Orders in South Australia: Intervention Orders, Applying, Responding and Breaches

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

In South Australia, restraining orders are now intervention orders under the Intervention Orders (Prevention of Abuse) Act 2009: an order has no end date and lasts until a court revokes it, and breaching it carries up to 3 years' jail, or 7 years for a repeat within 5 years or a breach involving violence or threats.

Checked on 23 October 2026 against the Intervention Orders (Prevention of Abuse) Act 2009 (SA) (version of 1 July 2026), the Criminal Procedure Act 1921 (SA), the courts' rules and pages, SA Police and the Legal Services Commission.

What an intervention order is

• One law for all abuse: the Intervention Orders (Prevention of Abuse) Act 2009 covers domestic abuse (by a current or former partner, a family member, a carer or kin) and non-domestic abuse (by anyone else, such as a neighbour, a stranger or a stalker).
• Restraining orders were replaced when the Act started on 9 December 2011. Existing restraining orders became intervention orders, and the Summary Procedure Act (now called the Criminal Procedure Act 1921) kept only two kinds of restraining order: paedophile restraining orders and child protection restraining orders, which police (or, for child protection orders, the child or a guardian) apply for. Breaching one of those carries up to 2 years' jail.
• Not a criminal record in itself: an intervention order is not a criminal charge or finding, but breaching it is a crime.
• Criminal courts can make an intervention order when they find someone guilty or sentence them, and bail authorities must consider one.
• An order can be made against someone who lives outside South Australia, and can cover abuse outside the state.

Who can apply and what the court must find

• Who can apply: police; the person at risk (or, with the court's permission, a suitable representative); a child who may be exposed to the abuse (a child aged 14 or over may apply with the court's permission; otherwise a parent, guardian or person the child lives with applies); and the Minister where a child protection order exists.
• The test: it is reasonable to suspect that the person will commit an act of abuse unless an order is made, and an order is appropriate. Past abuse does not have to be proved. The court decides the facts on the balance of probabilities.
• Abuse includes physical injury, emotional or psychological harm, unreasonably denying someone financial, social or personal independence, and damage to property, with examples such as following, surveillance, harmful messages and threats. A child who may see, hear or be exposed to abuse can be protected too.
• Non-domestic private applications: the court can consider whether mediation would be better, but there is a presumption against dismissing an application that alleges personal violence or stalking.

How the process works

• Police orders: police can issue an interim order on the spot if the person is present or in custody (an officer below sergeant needs a sergeant's approval), and can hold the person for up to 2 hours (8 with the court's approval) to prepare and serve it. It takes effect when served personally and requires the person to appear in the Magistrates Court within 8 days.
• Private applications: apply online through the CourtSA portal or at any court registry, with the terms you are asking for and an affidavit. There is no court fee where domestic abuse is alleged; other private applications pay the court's fee (the fee schedule from 1 July 2026 points to $186), and a fee waiver can be asked for.
• Preliminary hearing: held as soon as practicable, without the other person. A private applicant must attend and give sworn evidence; police applications usually go ahead on affidavit; urgent applications can be made by phone or video. The court can make an interim order or dismiss the application.
• Service: SA Police serve the interim order, summons and affidavit; a private applicant must not serve them. The order takes effect when served personally (or as the court directs), or straight away if the person is in court.
• First court date: within 8 days; the court says usually within a week.
• No written response deadline: at court, the person can consent to a final order (with or without admitting anything) or dispute it. If they were served and do not attend, the court can confirm the order as final.
• Contested cases go to directions, a pre-trial conference and a trial; where domestic abuse is alleged there is ordinarily only one adjournment before the conference. Free court mediation may be offered, but not where domestic abuse is alleged.
• Protecting witnesses: a person without a lawyer cannot cross-examine the protected person or a child directly; questions are filed at least 21 days before the trial and put through the court. Screens, evidence from another room and support people are available, and police can use recorded statements.
• Under 18: a respondent under 18 is dealt with in the Youth Court.
• Costs are up to the court; costs are not ordered against an applicant unless they acted in bad faith or unreasonably.

What an order can require

• Terms can bar the person from the home, workplace, other places or an area, set a distance they must keep, ban contact, harassment and threats, protect property and require items to be returned.
• Firearms terms are compulsory: every order requires firearms, ammunition, parts and licences to be surrendered, suspends any firearms licence and bans getting one. A final order can leave this out only if the person has never been violent or intimidating and needs a firearm to earn a living. A past order can count against a future firearms licence.
• Intervention programs: a court order can require an assessment for, and attendance at, an intervention program; a person found guilty of breaching a program term, or of a breach involving violence or a threat of violence, can be ordered to pay up to $1,300 toward it.
• Housing: a protected person may change the locks. On a final order excluding a co-tenant, the court can transfer the lease, for example to the protected person. Tenants protected by an intervention order can end their lease by notice.
• Family law orders: an intervention order gives way to a family law order about time with a child where they conflict, but the Magistrates Court can vary, discharge or suspend such orders when making the intervention order. Applicants must tell the court about family law and child protection orders.
• Across Australia: domestic abuse orders made since 25 November 2017 are recognised and enforceable in every state and territory.
• Privacy: publishing a report that identifies a protected person, witness or child carries a fine of up to $10,000.
• Police checks: SA Police says a National Police Certificate shows proven court outcomes, pending matters and warrants; intervention orders are not on that list. A conviction for breaching one is a proven court outcome.

How long it lasts, changing it and appeals

• No end date: an order lasts until a court revokes it; the court cannot set an expiry date.
• Changing or ending it: police, a protected person or the person the order is against can apply to vary or revoke it. The person it is against must wait until the date set in the order, at least 12 months after it was made (12 months if no date is set), and the court can dismiss the application without hearing the protected person if nothing has substantially changed.
• Appeal to a single judge of the Supreme Court within 21 days. The order stays in force during the appeal.

Breaching an order

• Aggravated means the person knew, or ought to have known, that a child was likely to see, hear or be exposed to the conduct.
• Where it is heard: the Magistrates Court; if more than 5 years' jail is warranted, the case is sent to the District Court for sentence. A court may impose a fine or community service instead of jail if there is good reason.
• Arrest and bail: police can arrest without a warrant. Bail is presumed against for a breach involving violence or threats, and an adult charged with a violent breach of a nationally recognised order can get bail only on home detention with electronic monitoring.
• Consent is no defence: a protected person cannot give permission to breach the order, and is not guilty of helping a breach of their own order.

Free help in South Australia

The Legal Services Commission runs a legal advice clinic at the Adelaide Magistrates Court (260 to 280 Victoria Square), 9:30am to noon, Monday to Friday, which covers family violence and intervention orders, and duty lawyers at many courts. The Adelaide Legal Outreach Service ((08) 8313 7496) helps with drafting.

How Go To Court Lawyers can help

Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in South Australia is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise whether to apply, consent or contest, what terms are reasonable, and what a breach charge means for you. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.

General information only, not legal advice. Updated 23 October 2026. Checked against the Intervention Orders (Prevention of Abuse) Act 2009 (SA) (version of 1 July 2026) and Regulations 2026, the Criminal Procedure Act 1921 (SA), the Sentencing Act 2017 (SA), the Bail Act 1985 (SA), the Firearms Act 2015 (SA), the Residential Tenancies Act 1995 (SA), the Magistrates Court Act 1991 (SA), the Uniform Special Statutory Rules 2022 and Uniform Civil Rules 2020, the Courts Administration Authority's intervention order, court location and fee pages, SA Police, the Legal Services Commission and its Law Handbook, and the support services named, on 23 October 2026.