Under the Intervention Orders (Prevention of Abuse) Act 2009 (SA), a defendant may wish to apply to vary or revoke their intervention order.
In order to do so, they must wait until the date that is set out within their order, or a minimum of 12 months since the confirmation of that order.
Once that time has passed, an application can be brought seeking variation or revocation if there has been a ‘substantial change’ in circumstance. The substantial change must be based upon evidence and adduced, usually, in affidavit form.
Although it is not settled as to what amounts to a ‘substantial change’ in circumstances, it is envisioned that the passage of time since the confirmed order, resolutions in family court matters, and any changes in behaviour (documented through course work) may amount to a substantial change.
For more information regarding intervention orders, please visit our domestic violence page.