Intervention Orders

Domestic violence 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.

An intervention order, previously known as a restraining order, is a court order which prohibits the defendant from behaving in a particular manner towards a protected person. In addition to acting as a restraint on the behaviour of the defendant, they can also direct the defendant to comply with certain directions. In short, any measures that are deemed necessary to protect the protected person can be made the terms of an intervention order.

For example, the defendant can be stopped from accessing a particular property even if they:
• have been living at the property
• own or part own the property
• are renting the property and have signed the lease agreement.

Who can apply for an Intervention Order?
• A person seeking protection;
• The representative of the person seeking protection;
• A police officer; or
• An affected child (if under 14 years of age, a parent or representative will need to make an application on their behalf.

Will an Intervention Order give the Defendant a Criminal Record?
No. The Defendant is not being charged with breaking the law. An intervention order is a court order restricting how the Defendant can behave towards the protected person. However, once an intervention order is made, it is a crime to disobey the order. Disobeying the order is called contravening the order. The police can arrest and charge the Defendant with contravening the order. Serious penalties may apply, including up to four years imprisonment. If the Defendant undertake child-related work or work with people with disabilities, an intervention order may be assessed as part of the Defendant’s work clearance, but may or may not affect the outcome.

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.

If you would like to find out more about your rights and options, Straits Lawyers are here to help. We are now offering online services in both English and Chinese.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.