Intervention orders (including domestic violence orders)

An order made by the Court against a person (respondent) who causes fear of violence, intimidation or harassment to another person (protected person).

An Intervention Order

• remains in place permanently unless it is revised or revoked by the Court.
• if resulting from domestic abuse, is recognised and enforceable across all Australian states and territories.

A temporary order which can be issued by Police or the Court against a person (respondent) who makes you fear for your safety, to protect you from further abuse including violence until the Court can hear evidence from all parties to determine if a permanent Intervention Order should be made.  The order comes into force once it is received by the respondent.

An Intervention Order can include a range of conditions that restrict a respondent’s ability to approach, contact, intimidate or harass a protected person.  The respondent must comply with all conditions in the order.   Failure to do so may result in a sentence of imprisonment.

There are two ways to apply for an Intervention Order – a Police or Private Application

Police Application

If you

• are being subjected to abuse
• need urgent help,
• have been assaulted or threatened, or
• had property damaged

call police or go to a police station to make a report and seek advice.

If Police consider the need for an order is urgent, they may issue an Interim Intervention Order and serve this on the other person (respondent).  The order includes a summons for the respondent to appear in court for a Magistrate to determine if a permanent order is appropriate.

Alternatively, Police may apply for a Court issued Intervention Order on your behalf if there has been behaviour toward you which amounts to a criminal offence or the threat of a criminal offence.

In both cases, Police will submit the application to the Court on your behalf, prepare all necessary documentation and attend court hearings.

Private Application

You can make your own application to the Court.  To lodge the application and attend court hearings you can elect to be self-represented or engage a lawyer to represent you.

This requires you to submit a written application to the Court, together with an affidavit setting out the reasons for the application.

Police Application

In most cases a Police application can be supported by affidavit evidence, without the need for you to attend.  Police will advise you and any witness(es) if you need to attend court to give evidence.

 Private Application

You must attend Court to give sworn evidence to support the application.

Preliminary Hearing

Where there is no Police Issued Interim Intervention Order in place, new applications for an intervention order are listed for preliminary hearing before a Magistrate as soon as practicable.  The respondent is not advised about this hearing and will not be in attendance. The Magistrate considers the application and may issue an Interim Intervention Order if it is appropriate after hearing the initial evidence from the Police or applicant.

For Private Applications, the Magistrate will explain the process and ask you to explain what has happened.   You should come prepared to provide evidence that proves the allegations you are making. This might include bringing witnesses who can give evidence to support your application.

At the Preliminary Hearing the Court will decide whether to make an Interim Intervention Order. If an interim order is made:

• a transcript of the evidence is produced and provided to the respondent.
• the Court sets a date for a Court Hearing, usually within a week, and
• the respondent is summoned to attend the Court Hearing.

NOTE:   If Police issue an Interim Intervention Order a Preliminary Hearing will not be held and the respondent will be summoned to attend a Court Hearing – see below

Court Hearing(s)

If the respondent has been served with the Interim Intervention Order and summons and does not attend, the Court can make a final Intervention Order.

If the respondent appears and agrees with the order, the Court may make a final Intervention order.

If the respondent appears and disagrees with the order the Court may set a date for another Court Hearing or may refer the parties to mediation or list the matter for trial.

NOTE:  Mediation is not offered where domestic abuse is alleged. 

Mediation

Mediation provides an opportunity for the parties to resolve the situation. This is conducted by a court-appointed mediator at no cost to the parties. If no agreement is reached, the matter is referred back to the Court for another Court Hearing.

Trial

If agreement cannot be reached at  the Court Hearings or mediation, the application is listed for trial. The Court will hear all the evidence from the parties and decide whether to make a final Intervention Order.

Safety Concerns

If an applicant or witness is fearful of being in the same room as the respondent, the court may allow them to appear electronically from another court or building, or allow for other supports to be in place.

You can apply online via the CourtSA Portal or attend any court registry to submit your application.

 The cost:

• There is no fee required to lodge an application alleging domestic abuse.
• For other applications, you will need to pay a lodgement fee using a credit/debit card.

 What you will need:

• The correct names and addresses of all parties involved, including all persons to be protected by the order sought.
• A completed Form 1OS – Proposed Interim Intervention Order Terms
• A completed and signed/witnessed Form 7A – Affidavit – Support Application for Intervention Order, or Form 7B – Affidavit – Support Application for Intervention Order (Protected Person Deponent)
• The Form 7A and Form 7B will be viewable to the other party and therefore no confidential contact details should be entered into these forms
• A credit card to pay the lodgement fee (if applicable)

NOTE:   No fee applies to lodge an application alleging domestic abuse.

For other applications, if you are unable to pay the fee, you can apply to have it waived by uploading Form 62A with your application.  This will be reviewed by a Registrar prior to accepting the application.

• A completed and signed/witnessed Form 62A – Application to Registrar for Remission or Reduction of Court Fees (if making fee waiver application)
• To answer all the questions marked with an asterisk ( * )

Steps to apply online:

1. Log into CourtSA
2. When asked ‘What would you like to do?’ select “Start a New Case’ from the drop-down menu
3. When asked ‘What type of case do you want to start?’ select ‘Originating Application for Intervention Order’
4. Scroll down to the bottom of the page and click on the green button
5. Complete the form
6. Upload ‘Form 1OS Proposed Intervention Order Conditions’
7. Upload ‘Form 7A or Form 7B Affidavit
8. Lodge the application.

What happens next?

• You will receive an email from CourtSA acknowledging your lodgement
• Your lodgement will be sent to the Court Registry for review
• You will receive either an acceptance email with additional information OR a rejection email with a valid reason your lodgement was rejected.