Who Can Apply for an Intervention Order?

An Intervention Order can be applied for by:

The police – Police can issue an Interim Intervention Order(IIO) immediately if they believe a person is at risk.

Anyone who has suffered abuse – If you have experiencedphysical, emotional, financial, or psychological abuse, you can apply to theMagistrates Court.

A representative of the victim – A concerned friend, familymember, lawyer, or social worker can apply on the victim’s behalf.

A child who hears or witnesses abuse – If a child under 14years old needs protection, a parent or legal representative must apply forthem.

Grounds for an Intervention Order

To issue an Intervention Order, the Magistrates Court mustbe reasonably satisfied that the respondent is likely to commit an act ofabuse.

Acts of abuse include:

• Physical violence (hitting, pushing, restraining)
• Threats of harm (verbal or written threats)
• Stalking and harassment (following, repeated calls/messages)
• Emotional or psychological abuse (intimidation, humiliation)
• Economic abuse (controlling finances, preventing work)
• Sexual abuse (non-consensual acts)
  

How to Apply for an Intervention Order

Step 1: Contact the Police (For Urgent Cases)

If you need immediate protection, call 000.

Police can issue an Interim Intervention Order (IIO) if the respondent is present or in custody.
This provides immediate protection and does not require a court hearing first.
The order is legally binding as soon as the respondent is notified.

If police issue an Interim Intervention Order, they must file supporting documents with the Magistrates Court.

Step 2: Apply Through the Magistrates Court

If police do not issue an Interim Order, you can apply to the Magistrates Court.

Documents Needed for Court Application:

Form 10 – Originating Application for an IO
Form 10S – Interim Intervention Order Proposed Terms
Form 7A – Affidavit of Person Other than the Protected Person
Form 7B – Affidavit of the Protected Person

There is no application fee for domestic abuse cases.

Applications must be filed online via the CourtSA portal or in person at the Magistrates Court.

Step 3: Preliminary Court Hearing

What happens at the first court hearing?

The Magistrate reviews the application and affidavit evidence.
If satisfied, the Magistrate issues an Interim Intervention Order.
If the police filed the application, the protected person may not need to attend.
If the protected person applied privately, they must attend court.
The respondent is NOT present at this hearing.

Step 4: Serving the Order on the Respondent

The order is NOT legally effective until served.

Police must personally deliver the Interim Intervention Order to the respondent.
Once served, the respondent must comply immediately.
Any breach of the order is a criminal offence, punishable by fines or imprisonment.

Step 5: Final Hearing & Determination of the Order

Within 8 days of the Interim Order, the respondent must attend a court hearing.

If the respondent does not attend, the order is made final.
If the respondent contests the order, the court may:
- Confirm the order (make it final)
- Modify the terms of the order
- Dismiss the application (if no sufficient evidence)
- Set a trial date (if the matter is disputed)

If the case goes to trial, parties must:
- File evidence and legal arguments 21 days before trial
- Attend a pre-trial conference
- Provide expert reports (if applicable)

At the trial, the Magistrate will decide whether to:

Make the Intervention Order final
Dismiss the case
Modify the order

What Happens If the Respondent Breaches the Order?

Breaching an Intervention Order is a criminal offence under section 31 of the Intervention Orders (Prevention of Abuse) Act 2009 (SA).

Penalties include:

Fines up to $10,000

Imprisonment for up to 2 years

Immediate arrest by police

If you believe an order has been breached, call 000 immediately.