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 visit sa.gov.au

     

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

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.

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.

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.

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.

A current DVO issued prior to 25 November 2017 can become nationally recognised by applying to any Magistrates or local court in Australia at any time to have your DVO ‘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 DVO 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.

Intervention Orders Application – STOP the violence shows how to obtain an intervention order in South Australia.

It is a guide and does not cover all contingencies. However, by following the stories of Tracey, Carol and Tom viewers can see the steps taken by individuals, the police and the courts to better protect and empower victims of abuse.

The video is for anyone who wants to know about intervention orders.

Information about going to court and intervention programs is also available on the Courts Administration Authority website

View the Stop the Violence video on YouTube