What Is a Breach of an Intervention Order?

A person breaches an Intervention Order when they fail to comply with any of its conditions. This includes:

Contacting the protected person (in person, via phone,email, or social media)
Approaching the protected person’s home, workplace, or school
Sending messages through a third party
Stalking or following the protected person
Failing to complete an intervention program

Any violation of the terms of the Intervention Order is considered a criminal offence, even if the protected person initiates contact.

Categories of Breach & Penalties

There are four categories of breaches under section 31 of the Intervention Orders (Prevention of Abuse) Act 2009 (SA):

1. Failure to Undergo an Intervention Program

If a person fails to complete a court-ordered intervention program, they face:

Maximum penalty:
$2,000 fine or 2 years imprisonment
Expiation fee of $315

The court may also order the offender to pay for the cost of the intervention program.

2. Breach of Any Other Condition of the Order

This includes any breach that does not involve physical violence (e.g., contacting the protected person, entering prohibited locations).

Maximum penalties:
Basic offence: 3 years imprisonment
Aggravated offence: 5 years imprisonment

An aggravated offence occurs if the offender knew or should have reasonably known that a child would witness the breach.

3. Breach Involving Physical Violence or Threats

If the breach includes physical violence or a threat of violence, the penalties increase significantly.

Maximum penalties:
Basic offence: 7 years imprisonment
Aggravated offence: 10 years imprisonment

4. Second or Subsequent Breach Within 5 Years

If the offender breaches the same order again within 5years, the penalties are even harsher.

Maximum penalties:
Basic offence: 7 years imprisonment
Aggravated offence: 10 years imprisonment

Additional Consequences of a Breach

The court may order the respondent to pay for an intervention program they are required to complete.

The Sentencing Act 2017 (SA) allows courts to consideralternative penalties, such as a suspended sentence or fine, but only inspecial circumstances.

Can a Protected Person Be Charged for a Breach?

No, a protected person cannot be charged for aiding or abetting a breach unless their actions result in a breach against another protected person.

Landlord Responsibilities – Assisting a Breach

It is a criminal offence for a landlord to help a respondent enter a protected person's residence.

Maximum penalty: $10,000 fine

For this offence to apply:

There must be an Intervention Order prohibiting the respondent from entering the premises.

The landlord must have been notified of this condition.

What Happens When a Breach Is Reported?

Police decide what action to take.
If the breach is minor, police may warn the respondent instead of charging them.
For serious breaches, police will arrest the respondent and lay charges.