Violence between family members is subject to legal intervention in the same way as violence between strangers.
Domestic and family violence is recognised to take many forms, including physical or sexual abuse, but also emotional and psychological harm, social isolation and financial control. Domestic and family violence can also occur through the use of technology and devices.
Coercive control is an insidious form of domestic violence that involves tactics of emotional abuse that undermine the victim's autonomy and sense of identity and worth.
It is a pattern of behaviour that can involve a perpetrator:
Despite the significant harm through isolation, subordination, humiliation and loss of liberty caused by coercive and controlling behaviours, victims may downplay the impact of these controls and may not seek help if they have not also experienced physical or sexual abuse.
If domestic and family violence comes to the attention of police, they may issue an intervention order (see Intervention orders) or lay criminal charges against the perpetrator (see Criminal charges).
Even though not all forms of domestic and family violence carry a criminal sanction and penalty, all forms are often relevant in various legal contexts, for example, all forms are relevant when a court is making intervention orders or parenting orders. For more information about how the courts are guided to approach cases involving domestic and family violence, please refer to the National Domestic and Family Violence Bench Book.
Legal remedies can sometimes be of limited use in a crisis. It is more often the practical steps and planning a person can take which will be of much greater significance for their safety than reliance on legal remedies alone.
For information on domestic and family violence and the law in Australia, visit the Family Violence Law Help website.
For information on domestic and family violence services that can help South Australian women and girls, including in Auslan, see our Abuse Prevention Accessible Videos.
Helpful contacts
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
The menu above provides a list of practical measures which may be taken in response to domestic or family violence.
If you are experiencing domestic or family violence and you are concerned that the perpetrator may find out that you have been searching the internet for help, you may be able to delete your internet browser history.
How you go about doing this will depend on which internet browser you are using.
These instructions also explain how to browse in-private in future (so that you do not create a history).
The short cut keys to delete your internet browser history are Ctrl-Shift-Delete.
The short cut keys to browse in-private are Ctrl-Shift-P.
eSafety Women (run by the Office of the eSafety Commissioner) also provides information and resources specifically to help women manage technology risk and abuse - visit eSafety Women for more information.
For information on domestic and family violence and the law in Australia, visit the Family Violence Law Help website.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732.
The most immediate concern of anyone who has been assaulted, had property damaged or experienced other abusive behaviour is to get protection. This can be done by calling the police.
In an emergency: 000
For police attendance: 131 444
A person calling the police should give their name and address, explain the situation and its urgency, and ask for the name of the officer. If the police fail to come in a short time, the person should call again, and keep calling. If this is not effective, the person should call the Domestic Violence Crisis Line on 1800 800 098 and that service can then be asked to contact the police as well.
Each Adelaide district area has a Family Violence Investigation Section staffed by police officers trained to assist victims seeking an intervention order and investigate reports of family violence. The contact details for these sections are as follows:
Police Family Violence Investigation Sections
Eastern Adelaide District Telephone: (08) 7322 4890
Northern Adelaide District Telephone: (08) 8207 9381
Western Adelaide District Telephone: (08) 8207 6413
Southern Adelaide District Telephone: (08) 8392 9172
What can the police do?
The police have a duty to prevent breaches of the peace and to deal with people who have committed criminal offences even though the behaviour complained of may be occurring in a home. The police have the ability and authority to counter violence, as well as the power of arrest. Remember, an assault can be committed even without physical contact, see CRIMINAL AND TRAFFIC OFFENCES.
Police can:
Domestic Violence Crisis Accommodation through OARS Community Transitions may be available for male perpetrators removed from the home by police.
The police may also assist a person who has been assaulted to leave the premises and assist a person by arranging for them to get to a safe place by contacting the Domestic Violence Crisis Line, which can arrange immediate accommodation, particularly if the person has children.
The action taken by the police will depend on the seriousness of the behaviour that has been brought to their attention. Often the action will depend on the attitude of the victim. However if the police have evidence that an offence has taken place it is police policy to take action. It is not left up to the victim to decide whether the perpetrator will be charged with an offence, but the victim can ask that a charge be laid. A person arrested by the police will be taken to the police station and charged, see ARREST, YOUR RIGHTS AND BAIL.
A victim of violence who feels that a criminal charge should be laid should insist upon this course of action. A victim who feels that the police are being unresponsive should ask to speak to an officer in the Family Violence Investigation Section who may be able to assist. Support through a domestic violence service, the Women's Domestic Violence Court Assistance Service or getting legal advice may also help. If the police still refuse to lay charges and the victim feels their refusal is unjustified a detailed written complaint can be made to the Office for Public Integrity, see COMPLAINTS.
Domestic Violence Disclosure Scheme
The Police also administer the Domestic Violence Disclosure Scheme, where a person at risk of domestic violence can request certain information from the Police regarding a partner or ex-partner's previous interactions with the Police.
Information that can be disclosed includes:
A person requesting access to such information will also be connected with domestic violence specialist support services.
To access the scheme a person must complete an application form, which is available via the SAPOL - Domestic Violence Disclosure Scheme website, or which can be completed in person at a police station.
Information sheets and brochures on the Domestic Violence Disclosure Scheme, including in other languages, can also be obtained via the SAPOL website.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
A victim of family or domestic violence often needs practical help to get out of the violent situation. Many victims are held back from getting out because of lack of support or other accommodation.
Staying at home
Sometimes when the police issue an intervention order or the perpetrator is charged with an offence, it may be a condition of the intervention order or the perpetrator's bail that they do not contact the victim and stay away from their former home.
Indeed in considering making an intervention order, the police must seek to ensure minimal disruption to the person who has been abused and any child involved [see Intervention Orders (Prevention of Abuse) Act 2009 s 10(1)(d)(ii)]. Therefore, it is more appropriate that the perpetrator is removed from the home rather than the person who has been abused. Similarly the police may make conditions of bail for the protection of any victim [see Bail Act 1985 (SA) ss 11(2)(a)(ii) and (2a)]. When considering bail, they must also consider whether to apply to the court for an intervention order [s 23A(1)].
Other measures may be taken for the victim's safety in staying at home, such as making the home premises more secure through the use of security doors and window screens. This may be an option where the perpetrator does not live in the same premises or is required to stay away from the premises and only attends under the influence of alcohol or for some other reason. An effective security system can help to keep the perpetrator away or at least give some protection until the police are called for assistance.
The Stay at Home Program is now delivered by Women’s Safety Services SAby contacting telephone: 1800 800 098.
Leaving the home
Sometimes it may be that a victim needs to leave their home to find safety elsewhere. This may be just for a night or a few weeks until the situation has eased or it may be permanent.
A victim should be cautious of any devices which may be able to track the victim's location, such as personal computers, smart phones, tablets or watches, or any other services which may be linked to the perpetrator and provide a form of information and tracking, such as metro cards or loyalty cards. It would be wise to switch off location tracking on any devices (seek expert help if necessary) and discontinue use of any services which may be linked to the perpetrator.
The DV Crisis Line 1800 800 098 (open 24 hours) can provide South Australian victims with advocacy, telephone counselling, short-term face-to-face counselling, support to remain safe at home or access to other safe accommodation and referrals for and in relation to police, legal services and financial assistance. For pet safety and emergency care, contact the RSPCA on 1300 47 7722.
There are also regional domestic violence services that can provide advocacy, counselling and access to other safe accommodation on site or elsewhere.
Telephone: (08) 8152 9200
Please see a full listing of domestic violence services throughout South Australia in our Service Directory.
Where possible, a victim should take any children to safety with them. They should then obtain legal advice about the ongoing arrangements for the children and any property matters as soon as possible. A victim does not jeopardise their rights to a later property settlement application if they leave the home as a result of family violence.
Legal advice is free from the Legal Services Commission or community legal services. If making an appointment for advice with the Legal Services Commission, ask to speak with a domestic or family violence worker. Ongoing legal representation through legal aid is subject to a means and a merit test. Community legal services may also apply such a test. Usually, those with little income, and who are caring for children, are eligible for assistance.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
For information on domestic and family violence and the law in Australia, including the details of family violence support services, visit the Family Violence Law Help website.
Financial assistance
Depending on individual circumstances, a person may be eligible for Centrelink income support payment/s, such as Newstart Allowance or Parenting Payment and Rent Assistance. A victim of domestic violence may also be eligible for a once-off Crisis Payment. For more information, see the Services Australia/Centrelink website, or seeCentrelink - Special Provisions for People Experiencing Family Violence.
The Escaping Violence Payment Program offers financial assistance and confidential support for people who have recently left a violent intimate partner. The program helps re-establish safety and set up a home that’s free from violence. The Eligibility Checklistcan be used to see if a person is eligible for the payment.
Further financial assistance may be obtained through the Department for Child Protection and/or agencies such as Uniting Communities, the Salvation Army, Centacare or St Vincent de Paul Society. It is best to check with these organisations to determine the most appropriate assistance. A comprehensive directory of South Australian community organisations is available online at SA Community.
Housing assistance
Housing SA has a private rental assistance program to help with expenses such as bond and rent in advance. For more information, see the SA Government Housing SA website.
There are a number of community housing associations which may be able to offer housing. Those who have experienced family violence are eligible to apply for housing from the Women's Community Housing Association Inc. For a list of all South Australian community housing associations see the SA Government Community Housing Providers website.
Immigration advice
A person who is on a spouse visa, and separates from their spouse on account of family violence, will need to obtain immigration advice. There are provisions to allow such people to continue with an application for a permanent visa even though they may have separated from their spouse who sponsored them. For more information see the Department of Social Services Family Safety Pack and Family Violence and Partner Visas Factsheet(both available in multiple languages).
Counselling or family therapy
Most Women's Health Centres and Community Health Centres provide opportunities for women to have individual counselling or to speak to women in similar circumstances. Counsellors are also available through Centacare, Anglicare, Uniting Communities, Relationships Australia and other counselling services. There are also some domestic violence groups for men that specialise in counselling men who recognise that they are perpetrators of abuse and who wish to take some positive steps to change the situation.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
Employee assistance programs
Some employers have agreed to providing employee assistance programs and specific rights and entitlements for employees experiencing domestic or family violence. To find out whether a particular workplace has done so, check the employer's policies and the employee's award or enterprise agreement. The specific rights and entitlements acknowledge that family violence can have an impact on a worker's performance, productivity and safety at work.
Paid family and domestic violence leave
From 1 February 2023, most South Australian employees have a right to 10 days paid family and domestic violence leave per 12 months of service [Fair Work Act 2009 (Cth) s 106A]. This leave is available to full-time, part-time, and casual workers [see also s 106BA]. It is a right held by all National System Employees under the National Employment Standards (‘NES’), however it does not apply to State Government and Local Government employees.
There is a transitional provision which means that employees of small businesses will not be entitled to 10 days of paid domestic and family violence leave until 1 August 2023 [Schedule 1 cl 52]. Small business employees still have access to 5 days unpaid family and domestic violence leave until that time. A small business employee is an employee of a business which employed fewer than 15 employees on 1 February 2023 [s 23].
An application for paid family and domestic violence leave requires that [s 106B]:
Examples provided in the Fair Work Act 2009 (Cth) include arranging for the safety of the employee or a close relative (including relocation), attending court hearings, accessing police services, attending counselling and attending appointments with medical, financial or legal professionals [s 106B(1)].
Family and domestic violence leave does not accrue from year to year. An employee will have access to 10 days of paid leave on the commencement date (1 February 2023 or 1 August 2023 for small business employees) [Schedule 1 cl 52]. Access to the leave resets on each employment anniversary for each employee or on the start date for a new employee [s 106A, Schedule 1 cl 52].
The leave can be taken as a 10-day block, in single or multiple day periods, or as otherwise agreed with an employer.
Leave taken must not be reported on an employee's payslip as family and domestic violence leave. It should be recorded on the pay slip as ordinary hours of work or as another kind of work related payment (i.e. overtime, bonus or allowance). On the request of the employee, family and domestic violence leave can be reported on a payslip as another kind of leave such as personal leave or annual leave [Fair Work Regulations 2009 (Cth) regs 3.47 and 3.48].
See Schedule 1 clause 53 for the interrelation between the NES right to paid family and domestic violence leave and enterprise agreements entered into prior to the commencement of the NES right.
South Australian State Government employees should check their relevant enterprise agreement, as these may cover leave for domestic and family violence directly or provide special leave with pay. Enterprise agreements may be available on the South Australian Employment Tribunal website. In any case, from 1 September 2023, the Fair Work Act 1994 (SA) provides for a minimum standard of family and domestic violence leave to be read into every contract of employment under the Act, unless the provisions of the contract are already more favourable [s 70B]. Theis mimimum standard is set out in schedule 3 to the Act, but may change after a period of 2 years in accordance with the Act. An employee is entitled to 15 days family and domestic violence leave from the beginning of each year of their employment. Leave must be at the full rate of pay and the employer must maintain confidentiality and may only disclose the employee's experience with consent or for a lawful purpose.
Family and domestic violence leave initially commenced in August 2018 and was previously only available on an unpaid basis for 5 days each year of service and applied to a more limited definition of family members.
More information and advice can be obtained from the Fair Work Ombudsman or the Working Women's Centre, and their DFV Work Aware website.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
Can children be affected?
Yes, children can suffer emotionally and physically as a result of being exposed to violence within their family.
They might withdraw, feel helpless and/or blame themselves. They might develop problems with wetting, soiling and sleeping.
They might copy violent behaviour and think that it is normal.
For more information, see the Domestic Violence Hurts Children Too!! brochure produced by the National Association for the Prevention of Child Abuse and Neglect (NAPCAN).
Where can children get help?
Children can get free, private and confidential telephone and online counselling from the Kids Helpline.
Telephone: 1800 55 1800 or visit the Kids Helpline website.
If children feel in danger, they can also call the police.
In an emergency: 000
For police attendance: 131 444
The police and the Department for Child Protection are available to step into any situation where a child has been assaulted. Any person who believes that a child is in any danger from assault or is abused or neglected by her or his parents or a guardian or other persons, should report this to the Department for Child Protection.
Child Abuse Report Line: 13 14 78.
A number of professional people who come into contact with children in the course of their work are obliged by law to report suspected cases of child abuse. For more information, see CHILDREN AND YOUNG PEOPLE, Child Protection, Notification.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
The Family Safety Framework was established by the South Australian Government to enable various government and non-government agencies to share information and work together towards meeting the needs of families experiencing domestic violence and who are at high risk of serious injury or death.
Participating agencies include, for example:
Key elements of the framework include:
The worker referring a case to a family safety meeting will seek the consent of the victim, where it is safe to do so. However, even if the victim refuses to provide consent the case may still go to a family safety meeting. If this is the case, the referring worker must notify the other participating agencies at the meeting that the victim refused to provide consent and the reasons why. If there is a risk of serious injury or death, action may still be taken following the meeting to minimise the risk and increase the victim's safety.
More information about the Family Safety Framework is available from the Office for Women website.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
The primary focus of this section is on domestic violence intervention orders. For information on non-domestic abuse situations see Non-domestic intervention orders.
An intervention order (previously known as a restraining order) is a court order which prohibits a person (the respondent) from behaving in a particular manner towards a protected person (or persons). In addition to acting as a restraint on the behaviour of the respondent, they can also direct the respondent 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.
An intervention order is an order under civil law – that is, an intervention order is not a criminal charge, although criminal penalties may apply if the order is breached.
Intervention orders may be issued by the Police on an interim basis or made and confirmed by the Magistrates Court. If an interim order is issued by Police, it too, will then go before the Magistrates Court. While an intervention order is an order under civil law, jurisdiction to hear and determine them is vested in the criminal division of the Magistrates Court [Uniform Special Statutory Rules 2022 (SA) r 6.1].
The object of an intervention order is to protect anyone against whom it is suspected the respondent will commit an act of abuse, including any child who may be exposed to the effects of abuse committed by the respondent against another person.
An order can be made in relation to a respondent living anywhere in Australia.
Both domestic and non-domestic abuse situations are covered by the Intervention Orders (Prevention of Abuse) Act 2009 (SA).
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
An intervention order can be made if it is reasonable to suspect that the respondent will, without intervention, commit an act of abuse against a person AND the issuing of the order is appropriate in the circumstances [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 6]. See also When is an intervention order appropriate?
The intervention order legislation is anticipatory in nature, aimed at reducing risk of abuse and orders can be issued if there is sufficient reason to suspect harm will occur. Unlike the previous restraining order legislation, there is no requirement to show evidence that actual harm has already occurred or actual threats have already been made. However, to show the respondent may commit an act of abuse, the protected person will need to indicate what behaviour of the respondent gives rise to this suspicion.
In Police v Giles[2013] SASC 11, the Chief Justice confirmed an interim intervention order on an appeal against its revocation by a magistrate. Although he made findings that the respondent did in the past commit acts of abuse against the protected person both before and after their relationship came to an end [at [37]-[40], he also made the following observations at [30]-[31]:
"First there is no requirement that the facts from which the reasonable suspicion is drawn themselves constitute an act of abuse. Secondly it is not a statutory requirement that those facts or events be recent, or have occurred before or after the breakdown of a relationship.
As to the first observation, there is no doubt that an order could be based on evidence of a statement of an intention to commit an act of abuse even if the communication was not made to the victim or, indeed, in the case, for example, of a personal diary note, to anyone else at all. As to the second observation, the temporal connection of the past event to the application is a relevant consideration, but, depending on the nature of the circumstances, an event occurring many years earlier may nonetheless found a reasonable suspicion that the defendant [respondent] will commit an act of abuse."
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
When deciding whether to make an interim or ongoing (final) intervention order, the police and the Court may take into account any factor they consider relevant in the circumstances [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 10(4)], including any legal proceedings between the respondent and protected person [s 10(2)(e)].
A range of factors must be recognised and taken into account in determining whether it is appropriate to issue an intervention order and in determining the terms of an intervention order [s 10].
The nature of abuse
The Court and the police must recognise the fact that abuse [s 10(1)]:
What must be given priority
The Court and the police must take into account that it is of primary importance to prevent abuse and to prevent children from being exposed to the effects of abuse [s 10(1)(c)].
The purpose of intervention
The Court and police must ensure, as far as is practicable, that any order [s 10(1)(d)]:
Issues in relation to contact
The Court and the police must take into account [s 10(2)]:
When deciding to issue a final intervention order the Court must make inquiries whether there is any relevant orders under the Family Law Act 1975 (Cth) or the Children and Young People (Safety) Act 2017 (SA) and how the final intervention order will be likely to affect contact between the protected person or the respondent and any child of the protected person and/or the respondent. The Court must take steps to avoid inconsistency between the intervention order and any orders under the Family Law Act 1975 (Cth) or the Children and Young People (Safety) Act 2017 (SA) [s 23(1a)].
Issues in relation to property
The Court and the police must take into account any relevant agreement or order for the division of property under the Family Law Act 1975 (Cth) or the Domestic Partners Property Act 1996 (SA) or a corresponding law of another jurisdiction [s 10(2)(c)].
When considering whether:
the Court and police must take into account the income, assets and liabilities of the respondent and the protected person [s 10(2)(d)].
When the respondent is a child
If the respondent is a child, the Court and police must, as far as is practicable when making an order [s 10(1)(d)(v)]:
When the respondent does not know where the protected person lives or works
The Court and police must consider whether issuing an order would be counterproductive if the respondent does not know where the protected person lives or works [s 10(3)]. Depending on the terms of the intervention order, issuing it may give the respondent this information. This would be the case, for example, where a person wanted an order that the respondent stay away from them. Other terms that do not give the respondent this information may be included in the order.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
Any person (including a child) against whom it is suspected the respondent will commit an act of abuse may be protected by an intervention order.
Any child who may hear or witness, or otherwise be exposed to the effects of, an act of abuse committed by the respondent against a person may be protected by an intervention order.
An intervention order may be issued for the protection of a person even if they do not apply for protection themselves and the application is not made on their behalf. For example, after an applicant has spoken to the Court, it may be evident to the Court that another person in the same household as the applicant may also need protection. That other person can be included as a protected person in the order as well as the applicant, or the Court can issue a separate intervention order for the other person’s protection.
See Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 7.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
The Intervention Orders (Prevention of Abuse) Act 2009 (SA) recognises that abuse can take many forms including emotional, psychological and economic and is not limited to physical or sexual abuse [s 8(1)].
In order for an intervention order to be issued there must be a reasonable suspicion that the respondent will commit an act of abuse against the victim. An act of abuse is defined as an act resulting in [s 8(2)]:
Indirect abuse
Section 8(6) of the Intervention Orders (Prevention of Abuse) Act 2009 (SA) states: "If a defendant [respondent] commits an act of abuse against a person, or threatens to do so, in order to cause emotional or psychological harm to another person or to deny another person financial, social or personal autonomy, the defendant [respondent] commits an act of abuse against that other person."
For example, if a respondent threatens to harm someone close to the applicant and this causes the applicant distress, the respondent has committed an act of abuse against the applicant.
Similarly, a respondent commits an act of abuse if they [s 8(7)]:
Emotional or psychological harm
Emotional or psychological harm includes mental illness, nervous shock, and distress, anxiety or fear that is more than trivial [s 8(3)]. Examples of such harm include [s 8(4)]:
Unreasonable and non-consensual denial of financial, social or personal autonomy
Examples of unreasonable and non-consensual denial of financial, social or personal autonomyinclude [s 8(5)]:
The distinction between domestic and non-domestic abuse
The Act covers both domestic and non-domestic abuse [ss 8(8) and 8(9)]. There are two main distinctions between the two types of abuse.
In domestic abuse cases, all proceedings must be dealt with as a matter of priority, as far as practicable [s 9]. The Uniform Special Statutory Rules 2022 (SA) also ensure that any adjournments are kept to a minimum in domestic abuse cases [r 86.2(5)].
Domestic abuse is where an act of abuse is committed by the respondent against a person with whom they are or were in a relationship [s 8(8)].
For the purposes of the Intervention Orders (Prevention of Abuse) Act 2009 (SA), two people are in a relationship if:
For details about what constitutes non-domestic abuse and the considerations taken into account in hearing a non-domestic abuse intervention order application see Non-domestic abuse intervention orders.
Under section 8(9) of the Intervention Orders (Prevention of Abuse) Act 2009 (SA) non-domestic abuse is defined as an act of abuse committed by a respondent against a person with whom the respondent is not, and was not previously, in a relationship. Notably the definition includes circumstances in which a respondent imagines a relationship exists.
Where the application is not made by the police, the court must consider the following [s 21(4)]:
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
An intervention order (including an interim intervention order issued by the police) can include terms prohibiting a respondent from doing certain things in order to protect a victim (or victims) from abuse. An intervention order can also require a respondent to do certain things [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 12].
If a prohibition is imposed, conditions may be included in the order under which the prohibition does not apply [s 12(2)(a)].
If a requirement is imposed, the order may include conditions in relation to the requirement [s 12(2)(b)].
A firearms term must be included in every intervention order (including an interim intervention order issued by the police) [s 14]. There is only one exception to this rule [see Firearms terms].
Additional orders that can be made are:
Further information about the additional orders can be found below
An intervention order is ongoing until revoked by the Court, therefore an order cannot contain a term that sets an expiry date or limits how long the order can be [s 11].
The respondent may be prohibited from:
[Intervention Orders (Prevention of Abuse) Act 2009 (SA) ss 12(1)(a)-(d).]
A respondent may be ordered to stay away from premises even if they have a legal or equitable interest in the property [s 12(5)]. The protected person may change door or window locks, even if the premises are rented. If locks are changed on rented premises, the landlord must be given a key (unless the landlord is the respondent) [s 12(6)]. See Tenancy Orders.
A landlord who has been notified of a prohibition on the respondent from being on rented premises commits an offence if they give the respondent a key or assist or permit them to access the premises [s 32]. The maximum penalty is a $10,000 fine.
See also Principles for intervention.
The respondent may be prohibited from:
[Intervention Orders (Prevention of Abuse) Act 2009 (SA) ss 12(1)(e) and 12(1)(h).]
Tenancy orders and interventions orders are covered by section 25 of the Intervention Orders (Prevention of Abuse) Act 2009 (SA) and Uniform Special Statutory Rules 2022 (SA) Chapter 3 Part 6.
A tenancy order is an order that the respondent will be taken to have given their interest in a tenancy agreement to a specified person or persons (not necessarily the protected person) with the landlord's consent.
Tenancy orders issued by the Court should be distinguished from the process available to victims of domestic abuse to replace an existing residential tenancy agreement on application to the South Australian Civil and Administrative Tribunal. The Court does not require that there be a domestic relationship between the parties so a court ordered tenancy order is more likely to be utilised in non-domestic abuse cases. For details about making an application through SACAT see Intervention Orders and tenancy agreements
The Court may make a tenancy order if [s 25(1)]:
The Court may only make a tenancy order if the person who will be taking over responsibility for the tenancy (usually the protected person) agrees to do so [s 25(2)]. The person who will be responsible for the tenancy must also be able to fulfil the responsibilities of a tenant (for example, they must be able to pay the rent).
Where the landlord is a registered housing co-operative, the person taking over the tenancy must be eligible for membership of the co-operative and willing to accept the responsibilities of membership.
Where the landlord is Housing SA or a subsidiary of Housing SA, the person taking over the tenancy must meet the eligibility requirements of Housing SA [s 25(2)(b)].
The landlord does not have to consent to the tenancy order, but the Court will only make a tenancy order if it would be unreasonable for the landlord to withhold consent [s 25(2)]. The landlord does have a chance to be heard before a tenancy order is made – rule 84.3(6) of the Uniform Special Statutory Rules 2022 (SA) provides that if an applicant wants a tenancy order, a Form 28 Notice of Intention Application to Assign Tenancy must be served on the landlord and the respondent.
A copy of the tenancy order, if made, must be provided by the Registrar of the Court to [s 25(5)]:
The respondent is still responsible for any liabilities that arose under the tenancy agreement before the date of the tenancy order [s 25(4)(a)].
Any bond money paid by the respondent is not paid out to the respondent but stays held as bond money for the new person responsible for the tenancy [s 25(4)(c)].
An intervention order (including an interim intervention order issued by the police) must include a firearms term [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 14]. The firearms term must:
The definition of a ‘firearm’ is comprehensive and includes ammunition or any part of a firearm [s 3(1)].
A firearms term must be included in the intervention order even if the respondent uses a firearm in the course of their employment [s 14(1)(b)(iii)].
The only exception to the requirement to include a firearms term is when [s 14(2)]:
Problem gambling orders are covered by section 24 of the Intervention Orders (Prevention of Abuse) Act 2009 (SA), the Problem Gambling Family Protection Orders Act 2004 (SA) ('Problem Gambling Orders Act') and Chapter 3 Part 8 of the Uniform Special Statutory Rules 2022 (SA).
If the Court believes that there is a reasonable likelihood of harm to family members because of problem gambling, then when confirming an interim intervention order as a final intervention order or issuing a final intervention order, it may also issue a problem gambling order [s 24(1)].
A problem gambling order is in addition to the intervention order and means the respondent is subject to a problem gambling family protection order under the Problem Gambling Orders Act. The Court can make the same kind of orders in a problem gambling order that Consumer and Business Services (CBS), on behalf of the Liquor and Gambling Commissioner, can make when issuing a stand-alone problem gambling family protection order [Problem Gambling Orders Act s 5]. For CBS to issue a stand-alone problem gambling family protection order, an eligible person must make a written complaint to CBS about the person's problem gambling and CBS must be satisfied that an order is necessary to protect family members from serious harm [Problem Gambling Orders Act s 4(1)]. Problem gambling family protection orders can require the respondent to attend counselling, or can bar them from attending gaming venues, amongst other things Problem Gambling Orders Act [s 5].
The Intervention Orders (Prevention of Abuse) Act 2009 (SA) states that where there are issues of substance abuse, problem gambling, other behavioural problems or mental impairment, an intervention order (including an interim intervention order issued by the police) may require the respondent to undergo an assessment to determine a form of intervention program that is appropriate for the respondent and the respondent's eligibility for the services included on the program [s 13].
An intervention order issued by the Court (but not the police) may require the respondent to participate in an intervention program in relation to substance abuse, problem gambling, other behavioural problems or mental impairment [s 13(2)]. Further details about abuse prevention programs are available at the Courts Administration Authority website.
The respondent may be prohibited from:
[Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 12(1)(f)-(h).]
The respondent may be required [s 12(1)(i)-(k)]:
See also Principles for intervention.
Pursuant to section 15 of the Intervention Orders (Prevention of Abuse) Act 2009 (SA) a final intervention order is taken to include a term fixing the date after which the respondent may apply for variation (or further variation) or revocation of the order as 12 months after the date of issue or variation of the order.
However, the Court may include a term that specifically states when the respondent can apply for variation or revocation of an order. The date set by the Court must be at least 12 months from the date of issuing the order.
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Who can apply for an intervention order?
The police, anyone who has suffered from abuse or their representative, or a child who may hear or witness abuse may apply to the Magistrates Court for an intervention order [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 20]. If the person is under the age of 14, a parent or representative may apply on their behalf.
The police have the power to issue an interim intervention order if the respondent is present or in custody [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 18]. This gives protection as soon as the respondent is notified and the protection will be immediate, that is, without the need to go to court first.
The police will ask if there are any relevant Family Law Act orders. This includes orders, plans, injunctions, undertakings, recognisances or other forms of obligation imposed or agreements made under the Family Law Act 1975 (Cth). If so, they will want to see the orders before making an interim intervention order.
An interim intervention order issued by the police requires the respondent to appear in the Magistrates Court (usually within 8 days) for the Court to decide if the order should be confirmed or revoked [s 18(3)(d)]. The police are required to complete a Form 9 Statement of Factual Matters supporting Police Issued Interim Intervention Order, which is to be served on the respondent together with the interim intervention order [Uniform Special Statutory Rules 2022 (SA) r 82.1]. See below Court procedure.
If you need immediate protection, call the police.
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The Magistrates Court must be convinced it is reasonable to suspect that the respondent will commit an act of abuse [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 6]. The victim's signed statement [put before the Court by way of a either a Form 7A Affidavit of Person other than Protected Person – Support Application for Intervention Order or Form 7B Affidavit of Protected Person - Support Application for Intervention Order] is presented in court. According to the instructions on the form itself, it should contain:
The police (who usually act on a victim's behalf - if not, the victim or their representative) have to show the Magistrate that it is more likely than not that the respondent will commit an act of abuse. This is called proving the evidence ‘on the balance of probabilities’ [s 28]. The victim's statement is the evidence (unless it has been provided as recorded evidence).
In a domestic abuse situation where the application is disputed, there are procedures to ensure the matter is resolved as quickly as possible. There will usually only be one adjournment to hear evidence [Uniform Special Statutory Rules 2022 (SA) r 86.2(5)]. If the matter is not resolved, a pre-trial conference will be ordered. If the matter is not resolved then, a date must be set for trial [r 86.5].
The formal process, and the rights and obligations of parties throughout an application for an intervention order are set out in Chapter 3 Part 6 of the Uniform Special Statutory Rules 2022 (SA).
1. Application
If the police have not issued an interim intervention order then an applicant, their representative or the police may apply to the Magistrates Court for an intervention order by filing [r 83.1(1)]:
The application must include any application for a problem gambling order or tenancy order.
Forms are available to download from the website of the Courts Administration Authority. The application is filed in the Magistrates Court on the Court SA portal. There is no application fee for a private intervention order application where domestic abuse is alleged. For more information about how the courts are guided to approach domestic and family violence, please refer to the National Domestic and Family Violence Bench Book.
An application by a police officer for the making or variation of an intervention order may also be supported by recorded evidence of the protected person (audio or audio visual) if the interests of justice require and it is permitted by the Court [see Intervention Orders (Prevention of Abuse Act 2009 (SA) s 28A and Uniform Special Statutory Rules 2022 (SA) r 81.3]. The protected person cannot be further examined, cross-examined or re-examined on the recorded evidence without the permission of the Court [s 28A(2)(b)]. For more information about access to recordings, see Recorded Evidence.
If the Police have issued an interim intervention order, then the Police are required to file with the Court:
Forms are available to download from the website of the Courts Administration Authority.
2. Preliminary hearing
At the preliminary hearing, a magistrate will read the Affidavit and/or hear the evidence, and if the magistrate decides there is enough evidence, an interim intervention order will be made. The proposed protected person may not need to attend if the application is made by the police. If the proposed protected person has made a private application (i.e. applied for the order themselves), they must attend. The police or the applicant's lawyer will advise the proposed protected person if they are required to attend the hearing. The respondent will not be present at this hearing.
3. Letting the respondent know
The interim intervention order does not take effect until the police hand it to the respondent personally [ss 21(8)-(8a)]. Once this has been done, it is effective and any breaches can be reported to the police.
4. Determination of the application
After the issuing of an interim intervention order by the police or the Court, the respondent will be required to appear in Court within 8 days (or within 2 days of the Court next sitting at that place) [s 21(7)(c)]. If the respondent is under 18, the hearing will be in the Youth Court. If the respondent does not appear at the determination hearing, the order will be made final [s 23(2)].
At this hearing the Court can [s 23, r 86.2]:
The Uniform Special Statutory Rules 2022 (SA) require that, without contravening any term of an intervention order, the parties must confer fully and frankly throughout the proceedings [r 86.1].
If the matter is contested, the parties will likely be required to attend a pre-trial conference [see r 86.5].
In the event that a party intends to call evidence from an expert at trial, the expert report must be filed and served on all other parties at least 21 days prior to the trial [r 87.1]. Parties are also required to file and serve a summary of facts and the argument on which they intend to rely at trial at least 21 days prior to the trial [r 87.3]. See also Giving evidence in Court regarding the requirement to provide a list of questions at least 21 days prior to trial in some circumstances.
The trial will be conducted if the matter has been unable to be resolved beforehand. At the trial, the Court will determine whether a final intervention order should apply, and the terms of the same. The Court will also determine any application for a problem gambling order and/or a tenancy order [rr 88.2 and 88.3].
Note that while an intervention order is an order under civil law, jurisdiction to hear and determine them is vested in the criminal division of the Magistrates Court [Uniform Special Statutory Rules 2022 (SA) r 6.1].
From 2 September 2019, an application by a police officer may also be supported by recorded evidence (audio or audio visual) of the proposed protected person if the interests of justice require and it is permitted by the Court [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 28A and Uniform Special Statutory Rules 2022 (SA) r 81.3]. The protected person cannot be further examined, cross-examined or re-examined on the recorded evidence without the permission of the Court [s 28A(2)(b)].
If the police intend to ask the court to permit recorded evidence, the police may give the respondent access to the recorded evidence which may be unrestricted or restricted [s 28A, Intervention Orders (Prevention of Abuse) Regulations 2011 (SA) regs 4BB and 4BC]. If access is restricted the police will give the respondent a “recorded evidence access notice” and listening and/or viewing will be under the supervision of a police officer and may be subject to other conditions to prevent unauthorised reproduction or dissemination of the recording. It is an offence to contravene a condition of access with a maximum penalty of a fine of $5,000 [reg 4BB].
Anyone who has possession of, or access to, recorded evidence must not allow access by another person except for the purposes of the proceedings, by a public official for the purposes of official functions or as may be authorised by the police officer who made the application for the intervention order or its variation. It is an offence to refuse or fail to comply with these requirements [reg 4BC].
If a language other than English is used in the recording, the statements must be translated into English in the recording or in a transcript made at a later time and the transcript provided with the recording [reg 4BA]. An interpreter’s affidavit is required as to the accuracy of the translation and the Court may require further verification.
The Magistrates Court can order that evidence, including cross-examination or re-examination evidence, be given in a particular way for certain witnesses. Witnesses who can be protected by special procedures are: a person against whom it is alleged the respondent has or might commit an act of abuse, or a child who it is alleged has been or might be exposed to the effects of an act of abuse. Examples of what the Court can order are [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 29(2)]:
The respondent is not able to ask questions directly of a person protected under the order [s 29(4)]. Nor are they able to directly question a child who has allegedly been exposed to abuse committed by the respondent. If the respondent is not legally represented, the respondent must first give the Court a list of cross-examination questions they wish to have asked at least 21 days before the trial date and the Court will decide which questions are allowable [Uniform Special Statutory Rules 2022 (SA) rr 87.2, 88.1]. The questions are then asked by the Court or someone the Court nominates.
If evidence has gone before the Court by way of audio or audio visual record of the protected person, the protected person may still be further examined, cross-examined or re-examined, but only with the permission of the Court [s 28A(2)(b)]. For more information about recorded evidence, see Recorded Evidence.
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An intervention order (whether interim or final) commences only after it has been served on the respondent. This may be by way of personal service or if the respondent is present in court when the order is made. The court may authorise service on the respondent in some other manner if it wishes [Intervention Orders (Prevention of Abuse) Act 2009 (SA) ss 21(8)-(8a), 23(5)-(5a)].
Where an order is varied, the amended order must be served on the respondent before it takes effect. Again it can be served personally or alternatively notification of the order will occur if the respondent is present in court when the order is made. The court may also authorise service on the respondent in some other manner [s 26(7)-(7a)]. Until the varied order has been served on the respondent the order as was in force prior to the variation continues to be binding on them.
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The Court will require information about any relevant court orders or legal proceedings (existing or pending) before making an intervention order.
Family Law Act orders
If the Court makes an intervention order that is inconsistent with certain Family Law Act orders (those referred to in section 68R of the Family Law Act 1975 (Cth)), then the Family Law Act order prevails [Intervention Orders (Prevention of Abuse) Act 2009 s 16(1)].
However, the Court may change (revive, vary, discharge or suspend) these Family Law Act orders when making an intervention order [s 16].
The following types of Family Law Act orders will prevail over an intervention order unless otherwise ordered by the Magistrates Court:
If the Court wishes to change a parenting order, recovery order or injunction, it can only do so if it has evidence that was not presented to the court that made the original order [Family Law Act 1975 (Cth) s 68R(3)]. This does not apply to a parenting plan, undertaking or recognizance.
State child protection orders
An intervention order prevails over a care and protection order made in relation to a child under section 38 of the Children's Protection Act 1993 (SA) or section 53 of the Children and Young People (Safety) Act 2017 (SA) to the extent of any inconsistency [Intervention Orders (Prevention of Abuse) Act 2009 s 16(2)]. The Youth Court may resolve the inconsistency by varying or revoking the order on application under the Children and Young People (Safety) Act 2017 (SA).
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A person who contravenes a term of an intervention order, other than an order in relation to an intervention program, is guilty of an offence with a maximum penalty of imprisonment for 3 years for a basic offence and for 5 years for an aggravated offence [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 31(2)].
If the contravention involved physical violence or a threat of physical violence, or is the second or subsequent contravention in a 5 year period, the maximum penalty is imprisonment for 7 years for a basic offence and for 10 years for an aggravated offence [s 31(2aa)].
A person who contravenes a term of an intervention order in relation to an intervention program is guilty of an offence with a maximum penalty of a fine of $2,000 (expiation fee: $315) or imprisonment for 2 years [s 31(1)].
If a protected person contravenes an intervention order, they are not guilty of an offence of aiding, abetting, counselling or procuring the contravention of an intervention order, as long as their behaviour does not involve another person protected by an intervention order imposed on the respondent [s 31(3)]. (This is different to the situation under the old domestic violence law.)
If a police officer has reason to suspect that a person has contravened an intervention order, the officer may arrest and detain the person [s 36]. The person must be brought before the Court as soon as practicable, and not more than 24 hours after arrest (but not counting weekends and public holidays).
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See Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 26 and Uniform Special Statutory Rules 2022 (SA) Chapter 3 Part 6 Division 13.
At any time after the issuing of an intervention order, the police, a protected person or their representative may apply to the Magistrates Court to vary (change) or revoke (cancel) the intervention order [s 26(1)]. If the protected person is under the age of 14, a parent or representative may apply on their behalf [s 26(2)]. The police usually require that the protected person receive counselling before they will assist with an application to revoke (cancel) an order.
If the respondent wishes to apply to have the order varied or revoked, they must wait until the date set in the order [s 26(3). If there is no date in the order, the respondent must wait 12 months before applying for variation or revocation [s 15]. The Court may dismiss the application by the respondent without hearing evidence from the protected person if satisfied that the application is frivolous or vexatious, or if there has been no substantial change in the relevant circumstances since the order was issued or last varied [s 26(4)].
An application to vary or revoke an intervention order must be made on a Form 112A Interlocutory Application to Vary or Revoke Order – Intervention Order and supported by an Affidavit in the prescribed form (Form 112B or Form 112C) [r 93.2].
Generally, before varying or revoking an intervention order, the Magistrates Court must allow the police, the respondent and each person protected by the order a reasonable opportunity to be heard on the matter [s 26(5)(a)]. The Court must also have regard to the same matters that the Court is required to consider in determining whether to make an intervention order and the terms of any such order [s 26(5)(b)].
See also Cunningham v Police [2021] SASC 26.
From 2 September 2019, on an application by a police officer where the police officer requests that the Court make an interim variation pending the final determination of the matter, the Court may hold a preliminary hearing as soon as practicable without summoning the respondent to appear [s 26A, r 93.4].
A police variation application may be made by telephone or other electronic means in accordance with the Uniform Special Statutory Rules 2022 (SA) unless the Court is not satisfied it would be appropriate [s 26A (2)]. The Court may issue an interim variation of the intervention order, determine the application should be dealt with as per usual under section 26, or dismiss the application [s 26A(3)].
If an interim variation is issued by the Court, the respondent will be required to appear in Court within 8 days (or within 2 days of the Court next sitting at that place) [s 26A(5)] and the application will be finally determined under section 26 [s 26A (8)]. If the interim variation is issued on the basis of an affidavit, the deponent of the affidavit may be required to give oral evidence at the final determination hearing [s 26A(4)].
An intervention cannot be varied by removing a firearms term unless the court is satisfied that the respondent has never been guilty of violent or intimidating conduct and needs a firearm to earn a livelihood [s 26(6)].
A varied order only takes effect if the respondent is present in the Court when the order is made or when otherwise served upon the respondent [ss 26A(7) and 26(7a)].
Intervention orders made under section 28 of the Sentencing Act 2017 (SA)
An application to vary or revoke an intervention order made under section 28 of the Sentencing Act 2017 (SA) must be made using the prescribed forms (Form 172C Interlocutory Application to Vary or Revoke Order - Intervention Order, and Form 7 - Affidavit) and by seeking the necessary leave of the Court [see rules 167.1- 167.7 of the Joint Criminal Rules 2022 (SA)]. See further Law Handbook COURT - CRIMINAL MATTERS.
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An intervention order can be appealed to the Supreme Court within 21 days of the Magistrates Court making an order in relation to the intervention order [Uniform Special Statutory Rules 2022 (SA) r 371.1, Uniform Civil Rules 2020 (SA) Chapter 18]. However, permission to appeal would ordinarily need to be requested and granted before an appeal itself is heard.
As there are cost risks associated with an unsuccessful appeal, legal advice should always be sought before commencing an appeal (which would include a request for permission to appeal).
Although intervention orders are not criminal in nature, they are heard in the criminal division of the Court [r 6.1]. Intervention order appeals, however, are governed by the Chapter 18 of the Uniform Civil Rules 2020 (SA) [Uniform Special Statutory Rules 2022 (SA) r 371.1].
A party to an action in the criminal division of the Magistrates Court (including an intervention order) can appeal against a judgment [see Magistrates Court Act 1991 (SA) s 42]. That appeal lies to a single Judge of the Supreme Court of South Australia [s 42(2)(b)], and must be lodged within 21 calendar days of the date of the judgment being made in the Magistrates Court [Uniform Civil Rules 2020 (SA) Chapter 18].
If an application is made after the 21 calendar day time limit, an extension of time would need to be sought and granted in addition to permission to appeal being sought and granted.
Permission to appeal must be requested together with the appeal as case law has determined that the action of a Magistrate in making a judgment on an intervention order (including ordering a final intervention order) is an interlocutory judgment [see Magistrates Court Act 1991 (SA) s 42(1a); Groom v Police (No. 3) [2013] SASC 93; Marley-Duncan v Police [2015] SASC 146]. Permission may be granted where there are special reasons why it would be in the interests of justice to have the appeal determined [Magistrates Court Act 1991 (SA) s 42(1a)(c)]. For these types of cases, this means that there must be at least an arguable case for the appeal [see Thakur v Police [2016] SASC 75 at [26]].
A confirmed intervention order will remain in force until an appeal is determined.
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Local and interstate domestic intervention orders ('DVO') are recognised and enforceable nation-wide under provisions in the Intervention Orders (Prevention of Abuse) Act 2009 (SA) [Part 3A].
Non-local DVOs (interstate orders) may be enforced in South Australia if they have been declared by a court in another jurisdiction as a recognised DVO. Similarly, South Australian orders that have been declared as a recognised DVO can be enforced in other states [s 29I].
Registration of an intervention order is automatic if the court declares, when the order is made, that it addresses a domestic violence concern [s 15A]. This is to distinguish from other orders made under the Act that address non-domestic concerns. These are currently unable to be recognised and enforced throughout Australia. See Non-domestic abuse intervention orders.
Under section 29P of the Act a court has the power to revoke or vary a recognised non-local (interstate) DVO as if it were a local (South Australian) order.
Where a respondent has been disqualified from holding a firearms licence on a recognised non-local (interstate) DVO the disqualification applies in South Australia [s 29N]. Similarly, if there are any licence or permit suspensions or revocations on an interstate order these will apply in South Australia [s 29M].
Foreign orders (e.g. an intervention order issued in New Zealand) may also be recognised Australia wide. In the case of foreign orders registration of the order is required [Part 4].
If an order is a recognised DVO it can be:
recognised and enforced in any jurisdiction [ss 29D, 29I, 29L]
varied in any jurisdiction [s 29E]
revoked in any jurisdiction [s 29F]
All domestic violence orders issued after commencement of the provisions allowing national recognition will automatically be recognised. However, for those orders issued prior to commencement (i.e. before 25 November 2017) an application to the Magistrates Court for a declaration that the order addresses a domestic violence concern is necessary before it can be recognised and enforced in other states [ss 29ZB – 29ZF, see also Uniform Special Statutory Rules 2022 (SA) Chapter 3 Part 6 Division 11]. The application is made on a Form 4B Originating Application Ex Parte – Intervention Order Act – Domestic Violence Order Nationally Recognised, unless the person for or against whom protection is sought is a youth. In those circumstances, such applications may be made to the Youth Court.
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New laws have been introduced to allow victims of domestic violence to terminate residential tenancy agreements and to ensure that they are not financially penalised by the actions of an alleged abuser.
Depending on whether you want to stay or to leave the premises, you will need to make an application to the South Australian Civil and Administrative Tribunal. More information can be located on the SA Government- Residential Tenancy Protection for Domestic Violence Victims website.
For further details of the options available see also Intervention orders and tenancy issues in the Housing chapter.
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The Courts Administration Authority of South Australia has produced a video called Intervention Orders Application - Stop the Violence (18:10). The video follows three individuals (and those around them) as they navigate the various processes, such as where:
The video is available to view either on:
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Does the Federal Circuit and Family Court take family violence into account?
Yes. In making parenting orders in the best interests of a child, the Court must consider what arrangements would promote the safety of the child and each person who has care for the child. This expressly includes safety from being subjected to, or exposed to, family violence, abuse and neglect [Family Law Act 1975 (Cth) s 60CC(2)(a)].
In considering this, the Court must also consider:
This aims to resolve conflicts between intervention orders made by the State Magistrates Court and parenting orders made by the Federal Circuit and Family Court (FCFCOA), ensuring that people are not exposed to violence and also that the right of the child to have a meaningful relationship with both parents is respected.
When the FCFCOA makes a parenting order that is inconsistent with an intervention order, the Court must arrange for an explanation of:
Special protections apply to victims of family violence who are personally cross examined by the other party in family law proceedings - see Family Violence and Cross-Examination of Parties Scheme.
For information on domestic and family violence and the law in Australia, including the details of family violence support services, visit the Family Violence Law Help website. Women attending the Federal Circuit and Family Court can access support through the Women’s Information Service (WIS). See the WIS Family Court Support brochure.
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For the purposes of the Family Law Act 1975 (Cth) family violence is any "violent, threatening or other behaviour by a person that coerces or controls a member of the person's family, or causes the family member to be fearful" [s 4AB].
It sets out the following range of examples:
The Federal Circuit and Family Court of Australia has put together a video titled What is family violence?
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When the Magistrates Court considers that a parenting order made by the Federal Circuit and Family Court may affect the safety of a person seeking an interim intervention order or the safety of a child who may be at risk of or exposed to abuse, the Magistrates Court may revive, vary, discharge or suspend that parenting order for a time specified in the interim intervention order [Family Law Act 1975 (Cth) s 68T(1)].
When making a final intervention order, a Magistrates Court may change a parenting order, but it can only do so if it has evidence that was not presented to the court that made the original order [see Family Law Act 1975 (Cth) s 68R(3)].
Also, the Intervention Orders (Prevention of Abuse) Act 2009 (SA) requires that the Magistrates Court must, when considering making an intervention order be informed of any relevant Family Law Act order, and consider the effect of any intervention order on the contact between the person seeking the intervention order or the respondent and any child of, or in the care of, either of them.
For more information on State-based intervention orders, see Intervention Orders.
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The Federal Circuit and Family Court has the power to grant injunctions restraining one party from molesting, assaulting, harassing or interfering with the other party or with the children and from entering upon premises occupied by the other party [see Family Law Act 1975 (Cth) s 68B].
In some exceptional circumstances the Court may evict one person so that the other person can have the sole occupancy of the home [see Family Law Act 1975 (Cth) s 114]. To obtain an injunction there must be evidence of threats, physical and/or verbal assault or threats to the welfare of the children. The injunction may be granted ex parte (that is after hearing only one of the parties) in urgent cases. Injunction orders can be made within a week if extremely urgent. In the usual course it may take a few weeks. Because the allegations must be put in affidavit (written) form, it is recommended that the applicant have a lawyer.
A police officer, who believes on reasonable grounds that a person has breached an injunction by threatening or causing injury, can arrest that person without a warrant [see ss 68C and 114AA]. However, normally the applicant must apply back to the Court, and a contravention or breach of the order must be proven for the offending party to be punished. The penalty can be a fine or a bond (to forfeit money if the order is broken again). People who refuse to enter a bond can be imprisoned for up to three months. It usually takes a considerable amount of time from the initial application for contravention until the final determination of the matter by the Court. Anyone seeking this type of order should have a lawyer.
It is recommended that where family violence is being experienced, an intervention order is much more effective and should be sought first. An intervention order can be sought even if there is a current injunction order in place from the Court. It can also be more immediately and directly enforced by State police, rather than through the family law system. An injunction from the Court can not be instituted if there are current intervention orders in place or proceedings are currently underway.
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While it is always advisable for a victim of family violence to ensure they are safe from a perpetrator and to avoid any situation where contact may result in a recurrence of violence, this is not easy if there are children of the relationship. There is some evidence that the Federal Circuit and Family Court is willing, at least temporarily, to suspend contact in more serious cases of violence until adequate arrangements are in place. However, it is unlikely that the Court will suspend contact indefinitely.
The best protection for a person afraid of violence is to alter the arrangements so that the person need not be present when the children are collected or returned. This can be arranged through friends or relatives or someone else who can be present when the children are handed over. Many people arrange for children to be picked up and returned at police stations or other public places.
Existing parenting orders can be varied to include new arrangements so that potentially violent situations may be avoided.
A State Magistrates Court may alter contact arrangements temporarily as part of an interim intervention order. If the Magistrates Court has evidence before it that was not presented to the Federal Circuit and Family Court then the Magistrates Court may change the parenting order as part of a final intervention order. See What can State Magistrates Courts do?
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The Family Law Act 1975 (Cth) provides protection to victims of family violence who are cross-examined as part of family law proceedings.
A party intending to personally cross-examine the other party may be prevented from doing so in certain circumstances where there are allegations of family violence between the parties. Instead, the cross-examination must be conducted by a lawyer (or barrister) acting on behalf of the examining party [Family Law Act 1975 (Cth) s 102NA(2)].
Personal cross-examination is automatically prohibited where there is an allegation of family violence between two parties and one or more of the following applies [s 102NA(1)]:
If the above circumstances do not apply, the Court still has the discretion to make an order that personal cross-examination is prohibited [s 102NA(1)(c)(iv)].
The court may make an order preventing the personal cross-examination on its own initiative, by application of either the witness party or the examining party, or by application of the Independent Children's Lawyer [s 102NA(3)].
An order pursuant to section 102NA will apply to all parties the subject of the family violence allegations. All impacted parties are required to have their own lawyer if they intend to cross examine the other party.
Legal representation may be arranged privately or by applying to the Legal Services Commission under the Family Violence and Cross-examination Scheme. Applications pursuant to the Scheme are made using the Scheme Application Form. They are not required to meet the Legal Services Commission’s usual means, merit and guideline tests, although a means tested contribution may be payable.
Where there are allegations of family violence but the provisions of section 102NA of the Act are not satisfied, the court must still ensure that appropriate protections are put in place for the alleged victim in the cross-examination proceedings [s 102NB]. This may include, for example, requiring that the cross-examination be conducted via video link or audio link.
For more information, see our Family Violence and Cross-examination Scheme Information Sheetor Mee & Tomkins[2022] FedCFamC2F 1129.
Family violence is not in itself a criminal offence. However, family violence may give rise to various charges. In addition to criminal offences such as assault, assault causing actual or grievous bodily harm, intent to do grievous bodily harm, indecent assault, rape, sexual assault or attempted murder, there are a number of offences specifically aimed at domestic violence, including:
If someone is charged with an offence relating to family violence, bail conditions must be set with primary consideration for the victim.
For the purposes of family violence law, a "family member" is defined as a: (a) spouse or former spouse (including an opposite sex de facto spouse) of the offender; (b) child of whom the respondent or a spouse or former spouse of the respondent has custody as a parent or guardian; (c) child who normally or regularly resides with the respondent or a spouse or former spouse of the respondent;
An intervention order, while not a criminal charge, may also be an appropriate response to family violence.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
Family violence is a crime and should be reported to the police immediately or as soon as possible. If an assault, or some other offence is committed, the police should charge the offender. The police have a duty to arrest and charge anyone they reasonably suspect has committed a crime. An offender who is released by the police should be placed on bail.
Any person who obtains an intervention order from the State Magistrates Court or an injunction from the Federal Circuit and Family Law Court should take a copy of the order to the local police station so that they are familiar with the case if police help is needed in the future. They should also keep a copy of the orders with them so that they can show police if it is necessary for the police to be called. If the perpetrator has been convicted and released on a bond with conditions, again it is advisable to alert the local police to those terms and conditions.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
While it is an offence for anyone to assault someone else, if the victim was, at the time the offence was committed, a family member of the offender the maximum penalty has been increased to three years imprisonment [Criminal Law Consolidation Act 1935 (SA) s 20].
If an assault or other offence has been committed, the police should charge the offender. Problems may arise with the willingness of the victim to testify against their spouse. Promises that 'things will be better in the future' and 'it will never happen again' can be very convincing for some victims.
Where the victim is a family member of the alleged offender, the offence is classified as a minor indictable offence. This gives the alleged offender the right to either have the matter dealt with in a summary court or to elect for trial before a jury in the District Court, see Criminal and Traffic Offences - Types of Crimes and Courts. This may create difficulties for a victim who does not suffer any visible evidence of injury. The case may amount to the word of the victim versus the word of the alleged offender. The jury's response may well be a reflection of the community's attitude towards family violence which, in the past, has been to view it as within the private sphere and not subject to public disapproval. The victim's case will be strengthened by other evidence which will support the claim. For example, evidence of the effect of blows on the victim's body may be given by a doctor and this evidence will have more weight if the doctor is seen as soon as possible after the assault. Photographs may also be of great assistance and any eye witness account by neighbours or friends or anyone present at the time.
The court must, as far as practicable, deal with proceedings for intervention orders as a matter of priority.
See also the Criminal Law chapter of the Law Handbook onAssault.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
There has in the past been considerable concern over the inability of the police to intervene where a person stalks someone. Legislation has been enacted which makes stalking an offence [Criminal Law Consolidation Act 1935 (SA) s 19AA]. Behaviour defined as stalking includes:
It is very difficult to prove a person is guilty of stalking as the police will have to show that these behaviours occurred on at least 2 separate occasions and that the stalker intended to cause either:
In some instances the mental element of the stalker is more squarely focused on 'possessiveness' and 'love' rather than any intention to cause serious physical or mental harm or serious apprehension or fear.
A person found guilty of stalking faces a maximum penalty of 3 years' imprisonment, or 5 years' imprisonment where:
A person who is charged with stalking is to be taken to have been charged in the alternative with offensive behaviour. This means if the court finds the charge of stalking is not proved but is satisfied that the lesser charge of offensive behaviour is established, the court may convict the person of that charge.
Where stalking involves actions online or cyber bullying, or the posting or threat to post invasive images online, then reports can be made to the Office of the eSafety Commissioner - refer to Office of the eSafety Commissioner for more information.
Form more information, please see Stalking, cyber stalking and cyber bullying and Distribution of invasive images (image-based abuse).
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
While obtaining an intervention order is a civil matter, it is a criminal offence to breach or contravene an order. The penalty is a maximum three years imprisonment for a basic offence and 5 years imprisonment for an aggravated offence [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 31(2)]. These penalties increase where there are multiple contraventions or contraventions involving the threat of or actual physical violence [s 31(2aa)].
The police may arrest someone whom they suspect has contravened an order [s 36].
A person will not be charged with aiding or abetting a contravention of an intervention order if the person is protected by the intervention order (i.e. a protected person) and their conduct in contravening the order did not result in contravention in respect of any other person who is protected by the order (or any other intervention order) in force against the respondent [s 31(3)].
The victim should always report any and all breaches of an intervention order to the police and ask that the police give them the report number. It is up to the police to decide what action, if any, is to be taken when a breach is reported. If a minor breach is reported police may warn the respondent about his behaviour and give a warning of the consequences of a further breach. It is also more helpful if police are able to show a Court that the respondent has engaged in an ongoing pattern of behaviour if charges are laid for breaching an intervention order.
See also the Law Handbook's Criminal law chapter on Breaching an intervention order.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
Once a crime is reported to the police it is up to them, not the victim, whether to proceed or not. A person arrested and charged by the police will be prosecuted by the police or the Director of Public Prosecutions (depending on the seriousness of the offence). At this time the respondent on an intervention order will become a defendant in the criminal proceedings. The police will decide how the case is conducted and the victim will have no real say in the matter and often will have little contact unless the person charged pleads not guilty.
The case will first come before the Court for a short hearing (called a first return day or mention). If the person (the defendant) was arrested, this will usually be within a few weeks after the charge is laid, or the very next day if the defendant was not granted bail. Defendants who are not arrested after the incident will receive a summons at a later date. Once an Information and Summons Summons is filed with the Court, it needs to be served as soon as practicable on the defendant, and in any case, must be served at least 7 days before the first court date. Usually, a defendant and will have to appear in court several weeks after receiving the summons.
The first hearing is only to allow the Court to find out what each side intends doing about the charge and is not a full hearing of the case. The defendant is asked to plead guilty or not guilty. If pleading guilty the Court will listen to the police facts, hear what the defendant or that person's lawyer has to say about those facts or the appropriate punishment and then impose a punishment. The prosecutor will give to the Court a victim impact statement which tells the Court the effects of the offence on the victim. If the defendant pleads not guilty, the Court will set a new hearing date (the trial date) which will be months away and in the majority of cases, release the defendant on bail until then, see: Arrest, Your Rights, and Bail: Bail. The defendant may also ask the Court to adjourn the hearing to enable legal advice to be obtained.
The victim will usually be the main and sometimes the only witness to the violence and their evidence will be vital to the prosecution case; and without it the case will usually be dismissed. Special court procedures are in place to allow a victim to make an application to admit recorded evidence under section 13BB of the Evidence Act 1929 (SA) [see the Joint Criminal Rules 2022 (SA)]. To prove a charge the police will have to prove the case beyond any reasonable doubt.
A defendant who is found guilty of a charge or who pleads guilty, may be imprisoned, fined, or put on a good behaviour bond.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
A person who is arrested by the police may apply to be released on bail. Some typical examples of conditions of bail are that the defendant not:
When a person applies for bail, primary consideration must be given to any need the victim may have, or perceive to have, for physical protection from the applicant.
See further the Law Handbook's detailed section on Bail.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732
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