Intervention Orders

When a person applies for an intervention order they need to file an application form and an affidavit (sworn statement) explaining why they believe they need the Court’s protection. A person who applies for an intervention order is required to attend a Hearing to provide further information to a Magistrate as to why they need protection. The defendant is not present at this Hearing, so the person requesting protection can share their concerns with the Court without fear.

If the Court agrees that the person needs protection then an interim (temporary) intervention order is granted.

No. The filing fee has recently been removed for intervention orders lodged due to domestic or family violence. This means it is now free to lodge an intervention order application seeking protection due to domestic or family violence.

An intervention order can include a number of clauses depending on what is needed to protect the protected person(s).

The defendant may be prohibited from doing certain things (like contacting the protected person(s), coming within a certain distance of them, or owning firearms) or may be required to do certain things (such as return property to the protected person(s), or participate in an intervention program relating to domestic violence or problem gambling).

When an interim intervention order is granted it is only the start of an ongoing Court process.

The police will serve the defendant with the interim intervention order. The intervention order will only become active when the defendant has been served.

After the defendant is served with the interim intervention order they are required to attend Court and they are given an opportunity to say if they agree or disagree with an intervention order being in place.

If the defendant disagrees with the intervention order being in place, the matter will progress through the court system, which may eventually end up at a Trial.

A Trial is a full Hearing where the Court hears all the evidence from the protected person, the defendant, any witnesses and reviews any other evidence.

Trials can be very stressful for all parties involved so you should receive legal advice before proceeding to a Trial.

A final intervention order can be obtained in 3 ways:

1. The defendant does not attend Court and the Magistrate grants a final intervention order in their absence.
2. The defendant agrees to an intervention order becoming final. This could include negotiating the terms of the intervention order
3. A Trial is conducted and a Magistrate grants a final intervention order

An interim intervention order will remain in place during the Court process, until either a final intervention order is granted or the protected person withdraws the application.

A final intervention order does not have an expiry date in South Australia. The order will remain in place until the protected person or defendant applies to the Court to have it removed.

A protected person can apply at any time to have the intervention order removed or changed if they can show that the defendant no longer poses a risk of harm to them.

A protected person seeking to vary or revoke an intervention order should seek legal advice first. See Contact Us for more information on how to contact WDVCAS.

A defendant must wait a minimum of 12 months before they can apply to have the intervention order removed or changed. After 12 months have passed the defendant must be able to show they no longer pose a risk of harm to the protected persons and there has been a significant change in the circumstances.