Applying for an intervention order

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This factsheetis general and is not a substitute for legal advice. The Legal Service Commission provides free advice for most legal problems. Contact the Legal Helpline on 1300 366 424 or visit www.lsc.sa.gov.au or www.lawhandbook.sa.gov.au

This factsheet is for people in South Australia seeking protection from abuse, especially those experiencing domestic, family or sexual violence.

An intervention order can protect you from all forms of abuse, including physical, sexual, emotional, psychological and financial abuse and coercive control. 

What is an intervention order?

An intervention order is a court order against a person who makes you fear for your safety, to protect you from violence, intimidation or harassment. The person you fear (known as the respondent) must obey the court order. The order usually says that the respondent must not assault, threaten, harass or intimidate you. It can also prevent the respondent from contacting or visiting you.

An order can be made against anyone you fear including a current or former spouse or partner, relative, or neighbour. If you fear for your children’s safety, you can include them in your application. 

How to apply for an intervention order

If you have been assaulted, threatened, or had property damaged, call the police or go to a police station to make a report. The police can issue an interim (temporary) intervention order if the respondent is present with police or in custody. An intervention order starts as soon as the police hand it to the respondent. 

If you have been experiencing abuse or coercive control, and can safely keep notes of what is happening (when and where things happened, and if there were witnesses), this may help you report to police later.

Write a list of the things that have made you feel scared or unsafe. When you apply for an intervention order, you will need to give a formal statement covering things like:

• your relationship with the respondent
• the names and ages of any children you have
• whether your children witnessed the abuse or have been abused themselves
• any drug, alcohol or mental health issues
• whether the respondent has access to a weapon
• details of physical violence, threats, intimidation, stalking, property damage or dangerous driving
• details and evidence of any harassing phone calls, texts, emails or social media posts
• whether any other people close to you have also been threatened or have reason to be scared
• copies of any other court orders.

The police may also decide to charge the respondent with criminal offending after hearing your story.

Private applications

You can apply to the court for an intervention order yourself or with the help of a lawyer. 

The Women’s DV Court Assistance Service is a specialist statewide legal service that supports women affected by family violence. Women can receive free legal help to apply for, change or stop an intervention order, or make a police report if the respondent disobeys an order. For more information, visit wdvcas.lsc.sa.gov.au or call 1800 246 642.

Do I have to go to court?

If you make the application yourself, you must attend every court hearing. If the police or your lawyer make the application, they will tell you if you need to attend the hearings. Your case may be more likely to succeed if you attend court. Bring a relative or friend to support you. Remember that the respondent will not be present at the preliminary hearing.

What is included in an intervention order?

This really depends on your situation. Common conditions include:

• the respondent must not assault, threaten, harass, or intimidate you
• the respondent must not contact or communicate with you in any way
  • this may be changed to allow contact through a lawyer or police or to arrange contact with children
• the respondent must not come within a certain distance of you or any other protected persons (such as your children if they are also protected by the order)
• the respondent must not enter or remain within a specified distance of your home, workplace or other specified place, such as a childcare centre or school
• the respondent must not follow you or keep you under surveillance, including by GPS tracking
• the respondent must leave the home
  • the respondent may be permitted to attend the home with a police officer at a planned time to collect their personal belongings.

Interim and final intervention orders require the respondent to give up their firearms and suspend firearms licences while the order is in force.

If you are, or were, in a domestic relationship with the respondent, the magistrate may refer the respondent to an abuse prevention program. This program helps men learn respectful ways of thinking and acting in relationships and is supported by a Women’s Safety Service. This service may offer you safety advice while the respondent is in the program.

If the court believes that there is a reasonable likelihood of harm to family members because of problem gambling, it may also issue a problem gambling order.

Your home

A respondent may be ordered to stay away from premises even if they own or rent them.

If you are in rented premises, then once you have an intervention order, you may change door or window locks without the landlord's consent. You will need to give the landlord a copy of the order, as well as the new key (unless the landlord is the respondent). You can also ask for the landlord's consent if you do not yet have an intervention order. If they refuse, you may apply to the South Australian Civil and Administrative Tribunal (SACAT) for permission.

If you are in rented premises as a tenant and wish to leave because of domestic abuse, you can end the tenancy with an intervention order or a report from a professional. If you wish to stay in premises that you have been living in with the respondent, you can apply to SACAT to remain in the premises as the sole tenant. 

The Women’s DV Court Assistance Service can help women with tenancy orders. Call 1800 246 642.

Can the respondent find out my address?

It is the policy of the police and the court not to give out your address. Tell the police if you do not want the respondent to know your address.

What if the intervention order is ignored?

The respondent must obey the order. They may be charged with a criminal offence if they ignore it. Serious penalties may apply, including prison.

How long does an order last?

An intervention order is ongoing and continues in force until it is stopped (revoked) by the court.

Can an order be changed or stopped?

Yes. The court may change (vary) or stop (revoke) an intervention order on application. The respondent must wait at least 12 months after the order is made to apply to vary or revoke it.

An application to vary or revoke an intervention order will only succeed if the respondent can prove that circumstances have changed and the order or a particular condition is no longer needed for your safety. Before any changes are made, the court will ask you what you think.

Does the order apply interstate?

Intervention orders issued in South Australia that are declared by the court to address a domestic violence concern are automatically recognised and enforceable across Australia. The same applies to domestic violence-related intervention orders issued interstate.

Will the order affect the respondent's criminal record or employment prospects?

An intervention order is not a criminal matter and will not give the respondent a criminal record. However, if the respondent disobeys the order, they may be charged with a criminal offence and get a criminal record. If the respondent works with children or vulnerable people, an intervention order may be assessed as part of their work clearance but it will not necessarily prevent clearance.

We can help

For free help applying for an intervention order or a tenancy order, call the Women's DV Court Assistance Service on 1800 246 642 or visit wdvcas.lsc.sa.gov.au

For free information and advice about intervention orders or other matters, call our legal helpline on 1300 366 424.

16 December 2024