Intervention orders in South Australia are governed by the Intervention Orders (Prevention of Abuse) Act 2009 (SA). These orders are designed to protect people from abuse by restricting or directing the behaviour of another person, with serious penalties for any breach.
INTERVENTION ORDERS SOUTH AUSTRALIA
Need assistance with an intervention order?
Sometimes intervention orders are handed out too freely.
Civil order
Magistrates Court of South Australia
Can be made with/without the respondent being present
Intervention Orders Key Facts
| What is an Intervention Order? | An intervention order (previously called a restraining order) is a court order designed to protect a person (the protected person) from abuse by another person (the respondent). It restricts the respondent’s behaviour and may also impose positive obligations. The aim is to prevent acts of abuse and safeguard the protected person and any children who might be exposed to abuse. Although it is a civil order, breaching an intervention order is a criminal offence. Both domestic and non-domestic abuse intervention orders are made under the Intervention Orders (Prevention of Abuse) Act 2009 (SA). |
| Who Can Apply? | - South Australia Police (on behalf of a person at risk) - The person seeking protection themselves (application to the Court) - Certain other authorised persons (e.g. child protection authorities where children are at risk) |
| Who Makes the Order? | - Police can issue an interim intervention order on the spot in urgent situations. - The Magistrates Court can make, confirm, vary or revoke orders. - Interim police orders must be referred to the Court for confirmation. |
| Effect of the Order | An order can: - Prohibit the respondent from certain behaviours (contact, approaching, harassment, intimidation). - Prevent the respondent from attending particular locations (home, workplace, school). - Direct the respondent to surrender firearms or other items. - Require the respondent to comply with directions (e.g. attend counselling or programs). The specific terms are tailored to the situation and what is necessary to protect the person. |
| Duration | - Interim orders apply immediately until the Court hearing. - The Magistrates Court can confirm the order, which then continues until revoked or varied. - There is no fixed end date unless the Court specifies one. |
| Breaches and Penalties | Breaching an intervention order is a criminal offence. Maximum penalty: 2 years imprisonment or a fine of up to $10,000. Courts treat repeated or violent breaches very seriously and imprisonment is common in those cases. |
| Court Process | Application by police or individual → Interim order (if urgent) → Magistrates Court hearing → Confirmation, variation, or revocation of the order → Ongoing monitoring and enforcement → Prosecution in the Magistrates Court for any breach. (Average timeframe: weeks to months, depending on urgency and whether contested.) |
| Possible Defences (to a breach) |
1. No Breach – The alleged conduct did not breach the terms of the order. 2. Lack of Knowledge – You were not aware of the order because it had not been properly served. 3. Necessity – Your actions were necessary in an emergency (e.g. medical situations). 4. Factual Dispute – Denying that the alleged conduct occurred. 5. Reasonable Excuse – You had a lawful or reasonable excuse for the conduct. |
| What the Prosecution Must Prove (for a breach) | The prosecution must prove beyond reasonable doubt that: - An intervention order was in force; - The respondent was aware of the order and its terms (properly served or notified); and - The respondent engaged in conduct contrary to the order, without lawful excuse. |
Intervention Order Case Scenarios
Below are examples of how an intervention order matter may be handled in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
A man yelled threats and smashed household items during a heated argument with his partner. No physical contact occurred. Police issued an interim intervention order on the scene.
What to expect:
He was charged aggravated assault (aggravated by domestic context). He pleaded guilty, was fined $1,200, and placed on a 12-month good behaviour bond. Ordinarily a conviction would follow.
Mid-Level Offence
Scenario:
A woman struck her ex-partner in the face during a custody dispute, causing bruising and swelling. She had previously been served with an intervention order.
What to expect:
She was charged with aggravated assault causing harm and breach of intervention order. Found guilty, she received an 18-month suspended sentence with a court-ordered domestic violence intervention program.
High-Level Offence
Scenario:
A man, already subject to an intervention order, broke into his former partner’s home and physically assaulted her, causing injuries requiring hospitalisation.
What to expect:
Charged with aggravated assault, trespass, breach of intervention order, and deemed a prescribed applicant, he was denied bail. He received 2.5 years’ imprisonment with a 12 month non-parole period. A compensation order was also issued to the victim along with a final intervention order.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
Our Results For Similar Offences
To view our past case results, please click the links below:
Aggravated Assault Causing Serious Harm with Knife
Aggravated Assault Causing Serious Harm with Knife
Aggravated Assault, Application for Intervention Order
Aggravated Assault, Application for Intervention Order
Withdrawing a Charge of Aggravated Assault
Withdrawing a Charge of Aggravated Assault
Withdrawing a Charge of Aggravated Assault
Withdrawing a Charge of Aggravated Assault
2 Counts of Aggravated Unlawful Threat
2 Counts of Aggravated Unlawful Threat
Intervention Order FAQ’s
If you need more information about domestic violence and intervention orders in South Australia, these FAQs answer the most common questions.
What is the difference between an intervention order and a restraining order in South Australia?
An intervention order is the updated legal term for what was previously called a restraining order. Both serve the same purpose to protect a person from abuse or harassment, but the law is now governed by the Intervention Orders (Prevention of Abuse) Act 2009 (SA).
Who can apply for an intervention order in South Australia?
Applications can be made by South Australia Police on behalf of someone at risk, or by the person seeking protection directly through the Magistrates Court. In urgent cases, police can issue an interim order on the spot.
How long does an intervention order last in South Australia?
There is no automatic end date. An intervention order continues until the Court revokes or varies it. Interim orders apply immediately and remain in force until confirmed or revoked by the Court.
Can you challenge or vary an intervention order in South Australia?
Yes. A respondent can apply to the Magistrates Court to vary or revoke an intervention order. The Court will only make changes if satisfied that the protected person will still be safe.
If you need assistance with challenging an Intervention Order, then get in touch with our criminal defence laywers.
What happens if you breach an intervention order in South Australia?
Breaching an intervention order is a criminal offence. The penalties include:
- Failing to attend a required program: up to $1,250 fine
- Contravening any other term: up to 2 years’ imprisonment
- Aggravated breach involving violence: may lead to denial of bail and more serious charges
Breach of intervention orders – prescribed applicants
If you are charged with committing an offence there is usually a presumption in favour of your being granted bail and released from custody pending trial. However, if you are charged with breaching an intervention order (due to alleged physical violence or threat of physical violence) then you are deemed to be a ‘prescribed applicant’.
Similarly, if you have been charged with an aggravated offence involving physical violence or a threat of physical violence (e.g., aggravated assault) – and the aggravating factor is that you contravened an intervention order – then you are deemed to be a ‘prescribed applicant’.
This means that there is a presumption against bail and it is up to you to prove that there are special circumstances that justify why you should be released on bail.
What is a 'prescribed applicant' under the Bail Act?
If you’re charged with breaching an intervention order involving physical violence, or an aggravated domestic violence offence, you’re considered a prescribed applicant. This means the usual presumption in favour of bail is reversed, you must show special circumstances to be granted bail.
Is coercive control a criminal offence in South Australia?
As of now, coercive control is not a standalone offence in SA. However, behaviours that constitute coercive control (e.g. stalking, isolation, financial abuse) may still form grounds for criminal charges or intervention orders. Law reform to criminalise coercive control is under consideration.
What relationships are covered under domestic violence laws in South Australia?
Domestic violence laws apply to:
- Spouses or former spouses
- Domestic partners or ex-partners
- Children, including stepchildren and those residing in the household
- Any person in a familial or intimate relationship as defined under section 5AA of the Criminal Law Consolidation Act 1935 (SA)
Can domestic violence be prosecuted without physical contact?
Yes. Threats of violence, psychological abuse, and controlling behaviours (e.g., monitoring, verbal intimidation) can form the basis for intervention orders or aggravate other charges.
Can an intervention order affect child custody or parenting arrangements?
Yes. An intervention order can restrict contact between a respondent and their children if the Court believes the children may be exposed to abuse. It may also affect existing family law parenting orders.
What is the penalty for non-fatal strangulation in South Australia?
From May 2025, intentionally choking, suffocating, or strangling someone without consent, even if no physical harm occurs, will be punishable by up to 10 years in prison.
Do intervention orders apply across Australia?
Yes. An intervention order made in South Australia is nationally recognised and enforceable in every Australian state and territory.