Under South Australian law, the Courts can take action against a person who causes fear of violence, intimidation, or harassment. The Intervention Orders (Prevention of Abuse) Act 2009 (SA) (the “Act”) identifies abuse in all its forms including: physical, emotional or psychological harm; denial of financial, social, or personal autonomy; property damage; and technology-facilitated stalking or abuse.
An application for an Intervention Order can be made by the Police or a person seeking protection.
If a person is in imminent harm and in need of urgent help, they can contact the Police. Based on credible evidence the Police can issue an Interim Intervention Order and serve this on the other person (the respondent). The order includes a summons for the respondent to appear in court for a Magistrate to determine if a permanent order is appropriate.
Alternatively, Police may apply for a Court issued Intervention Order on behalf of a victim, if there has been behaviour toward them which amounts to a criminal offence (or the threat of a criminal offence).
In both cases, the Police will submit the application to the Court, prepare all necessary documentation and attend court hearings.
A person can also make a private application which requires the applicant to provide an affidavit with evidence that supports their claims of abuse. The application is then considered by a Magistrate, who can make an Interim Intervention Order until the matter is heard by the Court. At the hearing, the Magistrate will listen to the evidence and decide whether to issue a final Intervention Order. A lawyer can advise and assist with this process.
An Intervention Order can include conditions that restrict a respondent’s ability to approach, contact, intimidate, or harass a protected person. The respondent must comply with all conditions in the order.
A person who contravenes an order is guilty of an offence with a maximum penalty of imprisonment for 3 years for a basic offence and 5 years for an aggravated offence. Harsher penalties apply for physical violence (or the threat of physical violence) as well as second or subsequent contraventions in a 5-year period, with a maximum penalty of 7 years for a basic offence and 10 years for an aggravated offence. Fines of up to $2,000 may also apply.
At any time after the issuing of an Intervention Order, either the Police or a protected person may apply to the Court to vary or revoke the order. If the respondent wishes to apply to have the order varied or revoked, they must wait until the set date in the order. If there is no date in the order, a twelve-month waiting period applies. A lawyer can also assist with this application.
The laws have been strengthened to send a clear message to perpetrators of abuse that breaching an Intervention Order is a serious offence and will not be tolerated. The Act is in place to protect victims of domestic and family violence – the ramifications of which, can have a severe impact on victims, affecting their physical, emotional, and mental well-being.
For further information about how a Scammell & Co lawyer can assist with Intervention Orders and answers to frequently asked questions, please follow the link HERE
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
