Intervention orders
Expert criminal lawyers for intervention orders in Adelaide and South Australia
Intervention orders were previously known as restraining orders. In South Australia, they limit the behaviour or activity of a person (the defendant) towards another person (the protected person or applicant). They can prevent the defendant from doing certain things, for example, assaulting, threatening, harassing or intimidating the protected person. They can limit the defendant’s ability to contact the protected person, for example, by phone or email, or visiting them at home or work. Intervention orders can also deal with other issues, depending on the circumstances.
Whether you’re a defendant or an applicant, getting legal advice can help you understand your rights, obligations and options regarding intervention orders.
We offer legal services for intervention orders in Adelaide and throughout South Australia.
Frequently asked questions about intervention orders
When are intervention orders made?
The Magistrates Court will make an intervention order when it decides that it’s more likely than not that a defendant will commit an act of abuse against another person.
Under South Australian laws, acts of abuse can take many forms, including physical, sexual, emotional, psychological or economic abuse.
The Supreme Court regularly considers the definition of “abuse”. Some behaviours that weren’t regarded as abusive ten years ago now meet the definition.
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How are intervention orders made?
There are two ways to get an intervention order:
- The police apply on behalf of the person seeking the order, or
- The person seeking the order (the applicant) applies to the Magistrates Court for a private order.
The procedures are different for both. Where the police apply for intervention orders they are often secondary to criminal charges relating to the incident that led to the intervention order. If the police apply for the order, the Court usually won’t decide what to do about it until the criminal charges are finalised.
A private application for an intervention order requires the applicant, the person seeking the order for their protection, to make an application before a Court. The applicant will be required to give evidence satisfying the Court that the making of the order is necessary and appropriate in the circumstances.
The Court will make an interim (temporary) intervention order when it reasonably believes that the defendant will, without intervention, commit an act of abuse against the person. Before making its decision, the Court will hear evidence from the police or the applicant. This evidence is often given by affidavit.
The intervention order application is heard by the Court, usually within 8 days of being served on the defendant.
The Court will review any urgent amendments and then adjourn (postpone) the hearing so the parties can gather relevant evidence.
If the police apply for the order, they will work out whether the defendant will be charged with an offence. But if it’s a private application, the parties usually exchange evidence and file affidavits. Affidavits are written statements signed in a special way to be used as evidence in Court.
After the Court makes an interim intervention order, it must be served on the defendant. Once served, they must obey the terms of the order and can’t contact, communicate or otherwise engage with the protected persons named in the order.
The conditions in the order only apply to the defendant, and breaching the order is a criminal offence.
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What’s the difference between interim and final intervention orders?
An interim intervention order is the first order made by the Court. It’s temporary, meaning the issues haven’t been finalised. It remains an interim order until the Court decides all issues in dispute. An interim order is binding on a defendant. It’s a crime to breach an interim order.
As the defendant, you can confirm an interim intervention order “without admissions”. This means you may agree to finalise the order without admitting the allegations. When this happens, it becomes a final order.
Or you can dispute the allegations and go to trial. The Court will hear the evidence and decide whether to make a final order. Final orders are permanent, except when:
- A defendant disputes the allegations and the prosecution withdraws the order, or
- The Court dismisses the order.
In either of these cases, the Court will revoke (cancel) the order and the conditions will end.
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What are the long-term effects of a final intervention order?
A confirmed or final intervention order lasts forever.
As a defendant, you can apply to change or revoke (cancel) the final intervention order after 12 months. However, if the protected person wants the order to remain, there will need to be a Court hearing where the parties give evidence.
If the final order is against you, it won’t appear on your criminal history. But breaching the order is a criminal offence, and you can be charged.
Also, some government authorities will consider any intervention orders in deciding whether you’re a “fit and proper person” for licences such as firearms and security.
For these reasons, we recommend you seek our legal advice if you’re facing the possibility of a final intervention order against you.
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How we can help
We’re skilled in all parts of the intervention order process. We know that having excellent legal help can significantly affect the outcome, especially if you’re facing a final intervention order or requiring a private intervention order for your own protection.
Contact us for more information about our services