How to apply for Intervention Order if facing domestic violence?

There are frequent cases of domestic violence cases in South Australia. These cases can occur in relationships between boyfriend and girlfriend, Husband and wife or parents and children. In South Australia, we can apply for an Intervention Order to stop potential offenders from committing further abuse.

Who can apply for an Intervention Order?

1. A person seeking protection
2. The representative of the person seeking protection
3. A police officer
4. An affected child (if under 14 years of age, a parent or representative will need to make an application on their behalf.

This intervention order allows multiple people to target the same defendant.

Usually, if there are reasonable grounds and the defendant is present, the police officer has the authority to issue interim Intervention Orders. In South Australia, the interim Intervention Order is temporary and lasts until the matter is submitted to the court. This is usually submitted to the court within eight days after issuing the interim Intervention Order.

Alternatively, you can apply for an Intervention Order from your local police station. The police may ask you to make a statement about the following:

1. Why do you need an intervention order;
2. Brief information about your relationship with the defendant;
3. Details of the event or recent behaviour you are concerned about; and
4. Do you know if the defendant has any weapons.

Anyone suspects that the defendant has an opportunity to commit an act of abuse, an intervention order can be issued to protect the victim. Protection applies to any child who may be affected by the abuse of the defendant.

Even if the victim or representative does not apply for an Intervention Order, the South Australian government will issue an Intervention Order to protect the victim.

Does the victim need to go to the court?

If the police believe that there is sufficient evidence to apply for an Intervention Order, the victim must attend but the police will act as a representative.

If the court issues an Intervention Order, the police will send the Intervention Order to the defendant.

Please note that this order will not take effect until the defendant receives a copy. This also means that the defendant cannot violate the South Australian intervention order unless he is told that the Intervention Order has been issued.

The defendant can go to court alone, but the best arrangement is to consult your lawyer to prepare for you and represent you on your behalf.

How long will the Intervention Order last for?

In South Australia, it does not stipulate the duration of the Intervention Order. This means that the order will remain in effect until the court cancels or changes the order.

What if the defendant violated the intervention order?

If convicted, the defendant can be sentenced to a maximum of two years in prison. Defendants who do not follow the intervention plan may also be fined up to AUD$1,250 (a fine of AUD$160).

Please note that this article is not a legal advice and we are not responsible for any action you take.

If you have any questions in relation to Intervention Order, please do not hesitate to contact us on (08) 8410 9069.