If you have a life-threatening or urgent situation, phone triple zero (000) and ask for the police. For non-urgent police attendance phone 131 444. 

For a list of support services within South Australia refer to sa.gov.au
 
 
 
 

Intervention orders

An intervention order prohibits a person (the defendant) from behaving in a particular manner towards a protected person/s.  Any person (including a child) against whom it is suspected the defendant will commit an act of abuse may be protected by an intervention order.
 
The Court may make terms of the order that are necessary to protect the protected person/s from abuse.
 

Applying for an order

If you have a reasonable apprehension that, without intervention, a person will commit an act of abuse against you, you should report the matter to the police.
 
The police have the power to issue an interim intervention order for your immediate protection. Police can also apply to the Court for an intervention order on your behalf.
 
You can also apply to a Court for an intervention order yourself. To apply for an intervention order you must lodge with the Court two forms: Form 28AA – Application for intervention order and Form 115 - Affidavit.
 

Being named a defendant (the person against whom the order is made)

If you have been named as a defendant before a final intervention order is made, you must be given an opportunity to be heard.
 
You will be served with a copy of an interim order and a hearing day when the matter will be heard by the Court. You may attend the hearing and contest the making of a final order.
 
If you have been served with the order and fail to attend the hearing, a final order may be issued in your absence.
 
A person who contravenes a term of an intervention order is guilty of an offence. If the offence is committed in South Australia there is a maximum penalty of imprisonment for 2 years. There are different penalties for offending in other states.
 

Varying or revoking an intervention order

To make an application to revoke or vary an intervention order, you may lodge two forms at the Court: Form 31AA and Affidavit Form 115. The other party must be served with a copy of the application and given the opportunity to attend the Court hearing.
 
A defendant cannot apply to vary or revoke an intervention order for at least 12 months from the final order being made.
 
For more information on intervention orders, refer to the Legal Services Commission Law Handbook
 
 

NATIONAL RECOGNITION

The National Domestic Violence Orders Scheme began on 25 November 2017. All domestic violence orders (DVOs) issued from 25 November 2017 are automatically nationally recognised and enforceable in every state and territory in Australia.
 

Background

New laws have been introduced to improve the protection of domestic violence victims nationwide. In the past, intervention orders made in South Australia only applied in South Australia unless they were registered interstate. That has now changed. 

In South Australia, DVOs are called intervention orders. In other states they may be called something different, for example, apprehended violence orders AVO), restraining orders (RO) etc.   

For an intervention order to be included in the National Domestic Violence Orders Scheme, the order must be issued to prohibit abuse between people in a relationship.

‘Relationship’ includes people who are married, in a domestic relationship, in some form of intimate personal relationship, family members, carers or related to one another including related through ATSI kinship rules.

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The National Domestic Violence Order Scheme strengthens protections for victims and their families. You no longer need to apply to register your DVO in another state or territory of Australia for it to be enforceable.

If you have a current DVO that was issued prior to 25 November 2017 it can become nationally recognised by asking the Magistrates Court for a ‘declaration’.

Local courts across Australia can amend a nationally recognised DVO regardless of where it was issued.

Local police enforce the conditions of all DVOs issued in their state or territory, regardless of when they were issued. Existing state and territory laws protecting victims and affected family members from domestic violence have not changed.

 

Holding defendants accountable

No matter where you are in Australia, It is a criminal offence if you do not comply with the conditions of a domestic violence intervention order.
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What do I need to do?

For DVOs issued prior to 25 November 2017

You may choose to apply to any Magistrates or local court in Australia at any time to ask to have your domestic violence intervention order ‘declared’. This will ensure that you are protected nationwide. It does not have to be in the state or territory where your order was issued.
 
To apply to declare your order in South Australia, you must lodge a form: Form 46A, at a Magistrates Court.
 
If you are not intending to travel to or live in another state or territory, you may choose not to declare your order. You will remain protected in the state or territory where the domestic violence order was issued.
 

For domestic violence orders issued on or after 25 November 2017

Your domestic violence intervention order is automatically nationally recognised and it is not necessary for you to take any further action

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