How to apply for an intervention order in South Australia
In South Australia, intervention orders protect against domestic and non-domestic abuse. Most applications are made by SA Police who can issue an interim order on the spot. Private applications can be made at the Magistrates Court of SA. There is no filing fee.
The framework
Intervention orders in SA are governed by the Intervention Orders (Prevention of Abuse) Act 2009 (SA). Applications are heard in the Magistrates Court of South Australia. Police power to issue interim orders is set out in section 18.
The process
Contact police for urgent protection
If you are in immediate danger call 000. Under section 18 of the Intervention Orders (Prevention of Abuse) Act 2009, a police officer can issue an interim intervention order on the spot if satisfied it is appropriate.
Decide on police or private application
Police can issue interim orders directly. If police decline, you can make a private application to the Magistrates Court of SA under section 20 of the Act.
Record incidents in detail
Prepare a chronology of incidents: dates, locations, what was said or done, any injuries, witnesses, and any prior police involvement. This supports both police and private applications.
Complete the private application form
If applying privately, complete the Application for Intervention Order form at any Magistrates Court registry. Specify the grounds of abuse as defined in section 8 of the Act and the conditions sought.
Lodge the application
Lodge the form at the Magistrates Court registry. There is no filing fee. The registry will set a preliminary hearing date, usually within a short timeframe for protective matters.
Preliminary hearing
At the preliminary hearing, the magistrate may make an interim intervention order if satisfied on the material presented under section 21 of the Act. Interim orders take effect once served on the respondent.
Service on the defendant
SA Police serve intervention orders on the defendant. The order does not bind the defendant until personally served on them.
Defendant may contest
The defendant has the right to contest the order at a confirmation hearing. If uncontested, the interim order becomes final. If contested, the matter proceeds to a hearing with evidence from both sides.
Final hearing
At the final hearing, the court must be satisfied on the balance of probabilities that there are reasonable grounds to suspect the defendant will commit an act of abuse and that an order is appropriate, under section 6 of the Act.
Enforcement and breach
Final orders typically run indefinitely in SA unless varied or revoked. Breaching an intervention order is a criminal offence under section 31 of the Act, carrying up to 2 years imprisonment. Report any breach to police immediately.
Forms and templates
- Application for Intervention Order
- Police Interim Intervention Order
Common mistakes
- Not recording specific dates and details of abuse
- Assuming the order is in force before service
- Missing the confirmation hearing date
- Contacting the defendant after the order is made
- Not reporting breaches to police
Get this process right with Quillio
Quillio can help you draft a chronology of abuse incidents structured against the definitions in the Intervention Orders (Prevention of Abuse) Act 2009 (SA). See /practice-areas/family-lawyers or start a free trial.
This guide is general information, not legal advice. For confidential help contact the Women's Domestic Violence Court Assistance Service or 1800RESPECT on 1800 737 732.
Get this right the first time.
Quillio drafts the forms, checks against current requirements, and surfaces the relevant authority — all in one place. The free trial requires no credit card.
Start your free trial