What do you need to know about Intervention Orders?

An intervention order is previously known as a restraining order. It is a court order which prohibits a person (the defendant) from behaving in a particular manner towards a protected person or persons. 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 or persons can be made the terms of an intervention order.

Who can apply for an Intervention Order?

Any person or persons experiencing domestic or family violence can apply for an intervention order in South Australia restraining the other person from committing further abuse. The main legislation dealing with Intervention Orders in South Australia is the Intervention Orders (Prevention of Abuse) Act 2009.

An intervention order in South Australia may also be issued for the protection of a person or persons even though they did not apply for an order. What this means is that an order can be issued even if the application was not made on the protected person’s behalf.

When can an order be made against a person?

An intervention order may be made if it is reasonable to suspect that the person will, without an intervention order, commit an act of abuse against the protected person or persons and the issuing of the order is appropriate in the circumstances.

An act of abuse is defined broadly and can include any act that is intended to cause a protected person or persons:

• physical injury;
• emotional or psychological harm, such as distress, anxiety or fear, (that is more than trivial);
• unreasonable denial of financial, social or personal autonomy; or
• damage to their property.

Any child who may hear, witness or be exposed to the effects of an act of abuse committed by any person against the other person or persons may also be protected by an intervention order. Abuse can include indirect abuse. For example, when you tell someone you might harm the protected person or persons.

There are a number of stages of an Intervention Order depending on whether the matter is contested and how quickly it is able to be resolved. 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.