Intervention Orders

Intervention Orders help to protect you and other family members by forbidding a person (the defendant) from behaving towards you (the protected person) in ways which may;

  • Harass,
  • Threaten,
  • Abuse or,
  • Use violence.

An intervention order can be issued by either the police or the Court, and contains conditions that order the defendant to not do various things, such as banning contact with you, or to do certain things, such as to move out of the house they may share with you. An order can be made specifically for you and your situation. For more information on the range of conditions refer to the Intervention Order Act 2009, Division 1, section 12 – 15
Intervention Orders can occur in two ways

  1. Interim Intervention Orders – or Police Issued Orders
    SAPOL can issue an Interim Intervention Order if they are called out to an incident and they assess that there is risk to you and your children. This order will include a summons for the defendant to appear in court. At this hearing the Magistrate will consider whether to make the order permanent, vary the conditions or cancel the order.
  2. Court Issued Intervention Orders.
    You can initiate an application for an Intervention Order through your local Police Station; this will require you to make a statement. The application will then go to the Police Prosecutor who will decide if there are sufficient grounds. The Police Prosecutor may then progress the application through the Magistrate Court. A hearing date will be set and you may be required to attend. It is the Magistrates decision whether to grant the Intervention Order or not. SAPOL will then serve the Intervention Order on the defendant

Intervention orders can be varied at any time by either defendant or protected person. This is a formal process that needs to occur through the same process.
If the defendant does not comply with the conditions of the Intervention order this is called a Breach of the Order. This is a criminal offence and the defendant can be charged. If this does occur it is important to keep any evidence of the breach, such as text messages, then contact SAPOL as soon as possible and to make a report. In an emergency dial 000 immediately.
For more information:

SAPOL – Restraining Order – link to www.police.sa.gov.au

Intervention Order (Prevention of Abuse) Act 2009 – link to www.legislation.sa.gov.au