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 45 – 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. In South Australia, a final intervention order remains in place indefinitely unless revoked.
A person who contravenes a condition of an intervention order is guilty of a criminal offence. If the offence is committed in South Australia there is a maximum penalty of imprisonment for 2 years. Different penalties apply 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 45. 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