If you are experiencing family or domestic violence and you are concerned that the perpetrator may find out that you have been searching the internet for help, you may be able to delete your internet browser history.

How you go about doing this will depend on which internet browser you are using.

If you are using Windows Internet Explorer 7 or 8, click here for instructions.

If you are using Windows Internet Explorer 9 , click here for instructions.

If you are using Mozilla Firefox, click here for instructions.

If you are using Google Chrome, click here for instructions.

These instructions also explain how to browse in-private in future (so that you do not create a history).

The short cut keys to delete your internet browser histroy are Ctrl-Shift-Delete.

The short cut keys to browse in-private are Ctrl-Shift-P.

How should I contact the police?

The most immediate concern of anyone who has been assaulted, had property damaged or experienced other abusive behaviour is to get protection. This can be done by calling the police.

In an emergency: 000

For police attendance: 131 444

A person calling the police should give their name and address, explain the situation and its urgency, and ask for the name of the officer. If the police fail to come in a short time, the person should call again, and keep calling. If this is not effective, the person should call the Domestic and Aboriginal Family Violence Gateway Service on 1800 800 098 and that service can then be asked to contact the police as well.

Each Adelaide metropolitan police area has a Family Violence Investigation Section staffed by police officers trained to assist victims seeking an intervention order and investigate reports of family violence. The contact details for these sections are as follows:

Police Family Violence Investigation Sections

Eastern Adelaide Local Service Area Telephone: 8172 5890

Elizabeth Local Service AreaTelephone: 8207 9381

Holden Hill Local Service Area Telephone: 8207 6150

Western Adelaide Local Service Area Telephone: 8207 6413

South Coast Local Service Area Telephone: 8392 9172

Sturt Local Service Area Telephone: 8207 4801

What can the police do?

The police have a duty to prevent breaches of the peace and to deal with people who have committed criminal offences even though the behaviour complained of may be occurring in a home. The police have the ability and authority to counter violence, as well as the power of arrest. Remember, an assault can be committed even without physical contact, see Assault.

Police can:

The police may also assist a person who has been assaulted to leave the premises unmolested and:

The action taken by the police will depend on the seriousness of the behaviour that has brought them to the premises. Often the action will depend on the attitude of the victim. However if the police have evidence that an offence has taken place it is police policy to take action. It is not left up to the victim to decide whether the perpetrator will be charged with an offence, but the victim can ask that a charge be laid. A person arrested by the police will be taken to the police station and charged, see Arrest and questioning.

A victim of violence who feels that a criminal charge should be laid should insist upon this course of action. A victim who feels that the police are being unresponsive should ask to speak to an officer in the Family Violence Investigation Section who may be able to assist. Support through a domestic violence service or getting legal advice may also help. If the police still refuse to lay charges and the victim feels their refusal is unjustified a detailed written complaint should be made to the Police Ombudsman, see Complaints against police.

A victim of family or domestic violence often needs practical help to get out of the violent situation. Many victims are held back from getting out because of lack of support or other accommodation.

Staying at home

Sometimes when the police issue an intervention order or the perpetrator is charged with an offence, it may be a condition of the intervention order or the perpetrator's bail that they do not contact the victim and stay away from their former home.

Indeed in considering making an intervention order, the police must seek to ensure minimal disruption to the person who has been abused and any child involved [see Intervention Orders (Prevention of Abuse) Act 2009 s 10(1)(d)(ii)]. Therefore, it is more appropriate that the perpetrator is removed from the home rather than the person who has been abused. Similarly the police may make conditions of bail for the protection of any victim [see Bail Act 1985 (SA) ss 11(2)(a)(ii) and (2a)]. When considering bail, they must also consider whether to apply to the court for an intervention order [s 23A(1)].

Other measures may be taken for the victim's safety in staying at home, such as making the home premises more secure through the use of security doors and window screens. This may be an option where the perpetrator does not live in the same premises or is required to stay away from the premises and only attends under the influence of alcohol or for some other reason. An effective security system can help to keep the perpetrator away or at least give some protection until the police are called for assistance.

Leaving the home

Sometimes it may be that a victim needs to leave their home to find safety elsewhere. This may be just for a night or a few weeks until the situation has eased or it may be permanent.

The Domestic and Aboriginal Family Violence Gateway Service 1800 800 098 (open 9am - 5pm Monday to Friday) can provide South Australian victims with advocacy, telephone counselling, short-term face-to-face counselling, support to remain safe at home or access to other safe accommodation and referrals for and in relation to police, legal services and financial assistance.

After hours, from 5pm - 9 am, on weekends and public holidays calls are diverted to the Homelessness Gateway Service 1800 033 308, which can provide support and access to emergency accommodation.

There are also regional domestic violence services that can provide advocacy, counselling and access to other safe accommodation on site or elsewhere.

Where possible, a victim should take any children to safety with them. They should then obtain legal advice about the ongoing arrangements for the children and any property matters as soon as possible. A victim does not jeapardise their rights to a later property settlement application if they leave the home as a result of family violence.

Legal advice is free from the Legal Services Commission or community legal services. If making an appointment for advice with the Legal Services Commission, ask to speak with a domestic violence worker. Ongoing legal representation through legal aid is subject to a means and a merit test. Community legal services may also apply such a test. Usually, those with little income, and who are caring for children, are eligible for assistance.

Financial assistance

Depending on your circumstances, you may be eligible for a Centrelink income support payment/s, such as Newstart Allowance or Parenting Payment and Rent Assistance. You may also be eligible for a once-off Crisis Payment. For more information, see the Department of Human Services/Centrelink website (click here).

Further financial assistance may be obtained through Families SA and/or agencies such as UnitingCommunities, the Salvation Army, Centacare or St Vincent de Paul Society. It is best to check with these organisations to determine the most appropriate assistance. For more information, see the South Australian Government's website (click here).

Housing assistance

Housing SA have a private rental assistance program to help with expenses such as bond and rent in advance. For more information, see the South Australian Government's website (click here).

There are a number of community housing associations which may be able to offer housing. Those who have experienced family violence are eligible to apply for housing from the Women's Community Housing Association Inc. For a list of all South Australian community housing associations see the South Australian Government's website (click here).

Counselling or family therapy

Most Women's Health Centres and Community Health Centres provide opportunities for women to have individual counselling or to speak to women in similar circumstances. Counsellors are also available through Centacare, Anglicare, Uniting Care Wesley, Relationships Australia and other counselling services. There are also some domestic violence groups for men that specialise in counselling men who recognise that they are perpetrators of abuse and who wish to take some positive steps to change the situation.

Some employers have agreed to providing specific rights and entitlements for workers experiencing family violence. To find out whether a particular workplace has done so, check the worker's enterprise agreement or award. The specific rights and entitlements acknowledge that family violence can have an impact on a worker's performance, productivity and safety at work.

The Australian Domestic and Family Violence Clearinghouse has created the Safe At Home Safe At Work toolkit as part of its wider Domestic Violence Workplace Rights and Entitlements Project.

The toolkit includes a booklet called Keeping you and your job safe: Information for workers experiencing family violence and How to guides: model policies, procedures and safety plans for employers, employees and unions to assist employers improve their workplace response to family violence in the interests of workers' productivity, safety and retention at work.

Can children be affected?

Yes, children can suffer emotionally and physically as a result of being exposed to violence within their family.

They might withdraw, feel helpless and/or blame themselves. They might develop problems with wetting, soiling and sleeping.

They might copy violent behaviour and think that it is normal.

For more information, see the Domestic Violence Hurts Children Too!! brochure produced by the National Association for the Prevention of Child Abuse and Neglect (NAPCAN) and their video Children See, Children Do (1:00).

Where can children get help?

Children can get free, private and confidential telephone and online counselling from the Kids Helpline.

Telephone: 1800 55 1800

www.kidshelp.com.au

If children feel in danger, they can also call the police.

In an emergency: 000

For police attendance: 131 444

The police and Families SA which is part of the Department for Eduaction and Child Development are available to step into any situation where a child has been assaulted. Any person who believes that a child is in any danger from assault or is abused or neglected by her or his parents or a guardian or other persons, should report this to Families SA.

Child Abuse Report Line: 13 14 78.

A number of professional people who come into contact with children in the course of their work are obliged by law to report suspected cases of child abuse. For more information, see Notification.

The Family Safety Framework was established by the South Australian Government to enable various government and non-government agencies to share information and work together towards meeting the needs of families experiencing domestic violence and who are at high risk of serious injury or death.

Participating agencies include, for example:

Key elements of the framework include:

The worker referring a case to a family safety meeting will seek the consent of the victim, where it is safe to do so. However, even if the victim refuses to provide consent the case may still go to a family safety meeting. If this is the case, the referring worker must notify the other participating agencies at the meeting that the victim refused to provide consent and the reasons why. If there is a risk of serious injury or death, action may still be taken following the meeting to minimise the risk and increase the victim's safety.

More information about the Family Safety Framework is available from the Office for Women website (click here).

An intervention order (previously known as a restraining order) is a court order which prohibits a person (the defendant) from behaving in a particular manner towards a protected person (or persons). In addition to acting as a restraint on the behaviour of the defendant, they can also direct the defendant to comply with certain directions. In short, any measures that are deemed necessary to protect the protected person or persons can be made the terms of an intervention order.

An intervention order is an order under civil law – that is, an intervention order is not a criminal charge, although criminal penalties may apply if the order is breached.

The object of an intervention order is to protect anyone against whom it is suspected the defendant will commit an act of abuse, including any child who may be exposed to the effects of abuse committed by the defendant against another person.

An order can be made in relation to a defendant living anywhere in Australia.

Both domestic and non-domestic abuse situations are covered by the Intervention Orders (Prevention of Abuse) Act 2009 (SA).

An intervention order can be made if it is reasonable to suspect that the defendant will, without intervention, commit an act of abuse against a person AND the issuing of the order is appropriate in the circumstances [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 6]. See also Principles for intervention.

The intervention order legislation is anticipatory in nature, aimed at reducing risk of abuse and can be issued if there is sufficient reason to suspect harm will occur. Unlike the previous restraining order legislation, there is no requirement to show evidence that actual harm has already occurred or actual threats have already been made. However, to show the defendant may commit an act of abuse, the protected person will need to indicate what behaviour of the defendant gives rise to this suspicion.

When deciding whether to make an interim or ongoing intervention order, the police and the Court may take into account any factor they consider relevant in the circumstances [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 10(4)], including any legal proceedings between the defendant and protected person [s 10(2)(e)].

A range of factors must be recognised and taken into account in determining whether it is appropriate to issue an intervention order and in determining the terms of an intervention order [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 10].

the nature of abuse

The Court and the police must recognise the fact that abuse:

what must be given priority

The Court and the police must take into account that it is of primary importance to prevent abuse and to prevent children from being exposed to the effects of abuse.

the purpose of intervention

The Court and police must ensure, as far as is practicable, that any order:

issues in relation to contact

The Court and the police must take into account:

issues in relation to property

The Court and the police must take into account any relevant agreement or order for the division of property under the Family Law Act 1975 (Cth) or the Domestic Partners Property Act 1996 (SA) or a corresponding law of another jurisdiction.

If considering whether to prohibit the defendant from taking possession of property, or to require the defendant to return property to a protected person, or to allow a protected person to recover or have access to or make use of property, the Court and police must take into account the income, assets and liabilities of the defendant and the protected person.

when the defendant is a child

If the defendant is a child, the Court and police must, as far as is practicable when making an order:

when the defendant does not know where the protected person lives or works

The Court and police must consider whether issuing an order would be counterproductive if the defendant does not know where the protected person lives or works. Depending on the terms of the intervention order, issuing it may give the defendant this information. This would be the case, for example, where a person wanted an order that the defendant stay away from them. Other terms that do not give the defendant this information may be included in the order.

Any person (including a child) against whom it is suspected the defendant will commit an act of abuse may be protected by an intervention order.

Any child who may hear or witness, or otherwise be exposed to the effects of, an act of abuse committed by the defendant against a person may be protected by an intervention order.

An intervention order may be issued for the protection of a person even if they do not apply for protection themselves and the application is not made on their behalf. For example, after an applicant has spoken to the Court, it may be evident to the Court that another person in the same household as the applicant may also need protection. That other person can be included as a protected person in the order as well as the applicant, or the Court can issue a separate intervention order for the other person’s protection.

See Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 7.

The Intervention Orders (Prevention of Abuse) Act 2009 (SA) recognises that abuse can take many forms including emotional, psychological and economic and is not limited to physical or sexual abuse.

In order for an intervention order to be issued there must be a reasonable suspicion that the defendant will commit an act of abuse against the victim. An act of abuse is defined as an act resulting in:

Indirect abuse

Section 8(6) states: ‘If a defendant commits an act of abuse against a person, or threatens to do so, in order to cause emotional or psychological harm to another person or to deny another person financial, social or personal autonomy, the defendant commits an act of abuse against that other person.’ For example, if a defendant threatens to harm someone you are close to and this causes you distress, the defendant has committed an act of abuse against you.

Similarly, a defendant commits an act of abuse [s 8(7)] if they:

Emotional or psychological harm includes mental illness; nervous shock; and distress, anxiety or fear that is more than trivial. Examples of such harm include [s 8(4)]:

Examples of unreasonable and non-consensual denial of financial, social or personal autonomy include [s 8(5)]:

The distinction between domestic and non-domestic abuse

See Intervention Orders (Prevention of Abuse) Act 2009 s 8(8) and (9).

The Act covers both domestic and non-domestic abuse. There are two main distinctions between the two types of abuse.

In domestic abuse cases, all proceedings must be dealt with as a matter of priority, as far as practicable [s 9]. The Magistrates Court Rules 1992 also ensure that any adjournments are kept to a minimum in domestic abuse cases.

In a non-domestic situation, the Court must consider:

Domestic abuse is where an act of abuse is committed by the defendant against a person with whom they are or were in a relationship [see Intervention Orders (Prevention of Abuse) Act 2009 s 8(8)].

For the purposes of the Intervention Orders (Prevention of Abuse) Act 2009 (SA), two people are in a relationship if:

An intervention order (including an interim intervention order issued by the police) can include terms prohibiting a defendant from doing certain things in order to protect a victim (or victims) from abuse. An intervention order can also require a defendant to do certain things [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 12].

If a prohibition is imposed, conditions may be included in the order under which the prohibition does not apply.

If a requirement is imposed, the order may include conditions in relation to the requirement.

A firearms term must be included in every intervention order (including an interim intervention order issued by the police). There is only one exception to this rule [see firearms terms this page].

Additional orders that can be made are: intervention program orders; tenancy orders; problem gambling orders; an order about when the defendant may apply for variation or revocation [see this page below].

An intervention order is ongoing until revoked by the Court, therefore an order cannot contain a term that sets an expiry date or limits how long the order can be.

prohibitions on proximity to the protected person

The defendant may be prohibited from:

A defendant may be ordered to stay away from premises even if they have a legal or equitable interest in the property. The protected person may change door or window locks, even if the premises are rented. If locks are changed  on rented premises, the landlord must be given a key (unless the landlord is the defendant) [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 12(5)]. See also Tenancy Order.

A landlord who has been notified of a prohibition on the defendant from being on rented premises commits an offence if they give the defendant a key or assist or permit them to access the premises [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 32].  The maximum penalty is a $10 000 fine.

See also Principles for intervention.

prohibitions on contact (direct or indirect)

The defendant may be prohibited from:

orders in relation to property (land and things)

The defendant may be prohibited from:

The defendant may be required:

See also Principles for intervention.

intervention programs

The Act states that where there are issues of substance abuse, problem gambling, other behavioural problems or mental impairment, an intervention order (including an interim intervention order issued by the police) may require the defendant to undergo an assessment to determine a form of intervention program that is appropriate for the defendant and the defendant's eligibility for the services included on the program.

An intervention order issued by the Court (but not the police) may require the defendant to participate in an intervention program in relation to substance abuse, problem gambling, other behavioural problems or mental impairment.

However, at this stage, the intervention programs are being run as a ‘pilot project’. 26 week programs will be available only in relation to violent behavioural issues, only for men in heterosexual relationships, and only in the Adelaide metropolitan area.

firearms terms

An intervention order (including an interim intervention order issued by the police) must include a firearms term [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 14]. The firearms term must:

Such a term must be included in the intervention order even if the defendant uses a firearm in the course of their employment [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 14(1)(b)(iii)].

The only exception to the requirement to include a firearms term is when:

tenancy orders

See Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 25.

A tenancy order is an order that the defendant will be taken to have given the defendant's interest in a tenancy agreement to a specified person or persons (not necessarily the protected person) with the landlord's consent.

The Court may make a tenancy order if:

The Court may only make a tenancy order if the person who will be taking over responsibility for the tenancy agrees to do so. The person who will be responsible for the tenancy must also be able to fulfil the responsibilities of a tenant (for example, they must be able to pay the rent).

Where the landlord is a registered housing co-operative, the person taking over the tenancy must be eligible for membership of the co-operative and willing to accept the responsibilities of membership.

Where the landlord is the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust, the person taking over the tenancy must meet the eligibility requirements of the Trust.

The landlord does not have to consent to the tenancy order, but the Court will only make a tenancy order if it would be unreasonable for the landlord to withhold consent [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 25(2)]. However, rule 18.21of the Magistrates Court Rules 1992 indicates that if an applicant wants a tenancy order, the Court may require that a Notice of Intention to Assign Tenancy (Form 38) be served on the landlord, any existing tenants and the person who proposes to take over the defendant's rights and responsibilities under the tenancy. This informs them of the application for a tenancy order and gives them a chance to be heard.

The defendant is still responsible for any liabilities that arose under the tenancy agreement before the date of the tenancy order.

Any bond money paid by the defendant is not paid out to the defendant but stays held as bond money for the new person responsible for the tenancy

problem gambling orders

See the Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 24.

If the Court believes there is a reasonable likelihood of harm to family members because of problem gambling, then when confirming an interim intervention order, it may also issue a problem gambling order.

A problem gambling order is in addition to the intervention order and means the defendant is subject to a problem gambling family protection order under the Problem Gambling Family Protection Orders Act 2004 (SA). The Court can make the same kind of orders in a problem gambling order that the Independent Gambling Authority can make when issuing a problem gambling family protection order, such as an order barring the defendant from particular gaming venues and/or requiring the defendant to attend counselling. For more information, see the website of the Independent Gambling Authority (click here).

when the defendant may apply for variation or revocation

See Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 15.

An intervention order is taken to include a term fixing the date after which the defendant may apply for variation (or further

variation) or revocation of the order as 12 months after the date of issue or variation of the order.

However, the Court may include a term that specifically states when the defendant can apply for variation or revocation of an order. The date set by the Court must be at least 12 months from the date of issuing the order.

 

Topics covered [this page]:

Getting an intervention order from the police

Court procedure

What will I need to prove?

Contested applications

Giving evidence in Court

Getting an intervention order from the police

If you need immediate protection, call the police. The police have the power to issue an interim intervention order if the defendant is present or in custody. This will give you protection as soon as the defendant is notified. This allows you to have immediate protection from abuse without the need to go to court first.

The police will ask if there are any relevant Family Law Act orders (this includes orders, plans, injunctions, undertakings, recognisances or other forms of obligation imposed or agreements made under the Family Law Act 1975 (Cth)). If so, they will want to see the orders before making an interim intervention order.

An interim intervention order issued by the police requires the defendant to appear in Court (usually within 8 days) for the Court to decide if the order should be confirmed or revoked. See Court procedure – determination of the application.

Who can apply for an intervention order?

The police, anyone who has suffered from abuse or their representative, or a child who may hear or witness abuse may apply to the Court for an intervention order. If the person is under the age of 14, a parent or representative may apply on their behalf.

Court procedure

1. Application

If the police have not issued an interim intervention order then you, your representative or the police may apply to the Court for an intervention order [using the Application for Intervention Order (Form 28)]. The application is filed in the Magistrates Court.

2. Preliminary hearing

At the preliminary hearing, a magistrate will read your statement and if he or she decides there is enough evidence, an interim intervention order will be made. You may not need to attend if your application is made by the police. The police or your lawyer will tell you if you should attend. If you apply yourself, you must attend. The defendant will not be present at this hearing.

3. Letting the defendant know

The interim intervention order does not take effect until the police hand it to the defendant personally. Once this has been done, it is effective and you can tell the police if it is not obeyed. 

4. Determination of the application

After the issuing of an interim intervention order by the police or the Court, the defendant will be required to appear in Court within 8 days (or within 2 days of the Court next sitting at that place). If the defendant is under 18, the hearing will be in the Youth Court. If the defendant does not appear at the determination hearing, the order will be made final. At this hearing the Court can:

What will I need to prove?

The Court must be convinced it is reasonable to suspect that the defendant will commit an act of abuse. Your signed statement [for which you may use an Affidavit (Intervention Order) (Form 45)] is presented in court. According to the instructions on the form itself, it should contain:

The police (who usually act on your behalf - if not, you or your lawyer or representative) have to show the magistrate that it is more likely than not that the defendant will commit an act of abuse. This is called proving the evidence ‘on the balance of probabilities’. Your statement is the evidence.

Contested applications

In a domestic abuse situation where the application is contested, there are procedures to ensure the matter is resolved as quickly as possible. There will usually only be one adjournment to hear evidence. If the matter is not resolved, a pre-trial conference will be ordered. If the matter is not resolved then, a date must be set for trial [Magistrates Court Rules 1992 r 18.22].

Giving evidence in Court

The Court can order that evidence, including cross-examination or re-examination evidence, be given in a particular way for certain witnesses. The witnesses who can be protected by special procedures are: a person against whom it is alleged the defendant has or might commit an act of abuse, or a child who it is alleged has been or might be exposed to the effects of an act of abuse. Examples of what the Court can order are [see Intervention Orders (Prevention of Abuse) Act 2009 s 29(2)]:

The defendant is not able to ask questions directly of a person against whom it is alleged the defendant has committed or might commit an act of abuse or a child who it is alleged has been or might be exposed to the effects of an act of abuse committed by the defendant. If the defendant is not legally represented, the defendant must first give the Court a list of cross-examination questions they wish to have asked and the Court will decide which questions are allowable. The questions are then asked by the Court or someone the Court nominates [see Intervention Orders (Prevention of Abuse) Act 2009 s 29(4)].

The Court will require information about any relevant court orders or legal proceedings (existing or pending) before making an intervention order.

Family Law Act orders

If the Court makes an intervention order that is inconsistent with certain Family Law Act orders (those referred to in section 68R of the Family Law Act 1975 (Cth)), then the Family Law Act order prevails [see Intervention Orders (Prevention of Abuse) Act 2009 s 16].

However, the Court may change (revive, vary, discharge or suspend) these Family Law Act orders when making an intervention order [see Intervention Orders (Prevention of Abuse) Act 2009 s 16].

The following types of Family Law Act orders will prevail over an intervention under unless otherwise ordered by the Magistrates Court:

If the Court wishes to change a parenting order, recovery order or injunction, it can only do so if it has evidence that was not presented to the court that made the original order [see Family Law Act 1975 (Cth) s 68R(3)]. This does not apply to a parenting plan, undertaking or recognizance.

Children's Protection Act orders

An intervention order prevails over a care and protection order made in relation to a child under section 38 of the Children's Protection Act 1993 to the extent of any inconsistency. An application can be made to the Youth Court to resolve the inconsistency by varying or revoking the section 38 order.

A person who contravenes a term of an intervention order, other than an order in relation to an intervention program, is guilty of an offence with a maximum penalty of imprisonment for 2 years.

A person who contravenes a term of an intervention order in relation to an intervention program is guilty of an offence with a maximum penalty of a fine of $1 250 (expiation fee: $160).

See Intervention Orders (Prevention of Abuse) Act 2009 s 31.

If a protected person contravenes an intervention order, they are not guilty of an offence of aiding, abetting, counselling or procuring the contravention of an intervention order, as long as their behaviour does not involve another person protected by an intervention order imposed on the defendant. (This is different to the situation under the old domestic violence law.)

If a police officer has reason to suspect that a person has contravened an intervention order, the officer may arrest and detain the person. The person must be brought before the Court as soon as practicable, and not more than 24 hours after arrest, (but not counting weekends and public holidays) [see Intervention Orders (Prevention of Abuse) Act 2009 s 36].

See Intervention Orders (Prevention of Abuse) Act 2009 s 26.

At any time after the issuing of an intervention order, the police, a protected person or their representative may apply to the Court for variation or revocation of an intervention order. If the protected person is under the age of 14, a parent or representative may apply on their behalf. The police usually require that the applicant receive counselling before they will assist with an application to revoke an order.

If the defendant wishes to apply to have the order varied or revoked, they must wait until the date set in the order. If there is no date in the order, the defendant must wait 12 months before applying for variation or revocation [see Intervention Orders (Prevention of Abuse) Act 2009 s 15].

Generally, when an application for variation or revocation is made, the Court must allow the defendant and each person protected by the order a reasonable opportunity to be heard on the matter. However, on an application by the defendant, the Court may dismiss the application without hearing evidence from the protected person if satisfied that the application is frivolous or vexatious, or if there has been no substantial change in the relevant circumstances since the order was issued or last varied.

An intervention cannot be varied by removing a firearms term unless the court is satisfied that the defendant has never been guilty of violent or intimidating conduct and needs a firearm to earn a livelihood.

A varied order only takes effect when served upon the defendant.

The Court Administration Authority of South Australia has produced a video called Intervention Orders Application - Stop the Violence (18:10). The video follows three individuals (and those around them) as they navigate the various processes, such as where:

The video is available to view either on:

For the purposes of the Family Law Act 1975 (Cth) family violence is any "violent, threatening or other behaviour by a person that coerces or controls a member of the person's family, or causes the family member to be fearful" [s 4AB].

It sets out the following range of examples:

When the Magistrates Court considers that a Family Court contact order may affect the safety of a person seeking an intervention order or the safety of a child who may be at risk of or exposed to abuse, the Magistrates Court may revive, vary, discharge or suspend that contact order for up to 21 days [Family Law Act 1975 (Cth) s 68T(1)] as part of an interim intervention order.

When making a final intervention order, a Magistrates Court may change a parenting order, but it can only do so if it has evidence that was not presented to the court that made the original order [see Family Law Act 1975 (Cth) s 68R(3)].

Also, the Intervention Orders (Prevention of Abuse) Act 2009 requires that the Magistrates Court must, when considering making an intervention order be informed of any relevant Family Law Act order, and consider the effect of any intervention order on the contact between the person seeking the intervention order or the defendant and any child of, or in the care of, either of them.

Under the Family Law Act 1975 (Cth), the court has the power to grant injunctions restraining one party from molesting, assaulting, harassing or interfering with the other party or with the children of the marriage and from entering upon premises occupied by the other party

In some exceptional circumstances the Family Court may evict one person so that the other person can have the sole occupancy of the home (Family Law Act 1975 (Cth) s 114). To obtain an injunction there must be evidence of threats, physical and/or verbal assault or threats to the welfare of the children. The injunction may be granted ex parte (that is after hearing only one of the parties) in urgent cases. Injunction orders can be made within a week if extremely urgent. In the usual course it may take a few weeks. Because the allegations must be put in affidavit (written) form, it is recommended that the applicant have a lawyer.

A police officer, who believes on reasonable grounds that a person has breached an injunction by threatening or causing injury, can arrest that person without a warrant. However, normally the applicant must apply back to the Family Court, and a contravention or breach of the order must be proven for the offending party to be punished. The penalty can be a fine or a bond (to forfeit money if the order is broken again). People who refuse to enter a bond can be gaoled for up to three months. It usually takes a considerable amount of time from the initial application for contempt until the final determination of the matter by the Family Court when people want relief immediately. Anyone seeking this type of order should have a lawyer.

It is recommended that where domestic violence is being experienced, an intervention order is much more effective and should be sought first. An intervention order can be sought even if there is a current injunction order in place from the Family Court. However, an injunction from the Family Court can not be instituted if there are current intervention orders in place or proceedings are currently underway.

While it is always advisable for the victim of domestic violence to ensure they are safe from a perpetrator and to avoid any situation where contact may result in a recurrence of violence, this is not easy if there are children of the marriage or relationship. There is some evidence that the Family Courts are more willing, at least temporarily, to suspend contact in more serious cases of violence until adequate arrangements are in place. However, it is unlikely that the Court will suspend contact indefinitely.

The best protection for a person afraid of violence is to alter the arrangements for contact so that the person need not be present when the children are collected or returned. This can be arranged through friends or relatives or someone else who can be present when the children are handed over for contact. Many people arrange for children to be picked up and returned at police stations or other public places.

Existing contact orders can be varied to include new arrangements so that potentially violent situations may be avoided.

A Magistrates Court may alter contact arrangements for up to 21 days as part of an interim intervention order. If the Magistrates Court has evidence before it that was not presented to the court that made the contact order about abuse of a parent who is required to give contact, a child who may be exposed to abuse of their parent, or abuse of the child themselves, then the Magistrates Court may change the contact order as part of a final intervention order.

Domestic violence is a crime and should be reported to the police immediately or as soon as possible. If an assault, or some other offence is committed, the police should charge the offender. The police have a duty to arrest and charge anyone they reasonably suspect has committed a crime. An offender who is released by the police should be placed on bail.

Any person who obtains an intervention order or Family Court injunction should take a copy of the order to the local police station so that they are familiar with the case if police help is needed in the future. They should also keep a copy of the orders with them so that they can show police if it is necessary for the police to be called. If the attacker has been convicted and released on a bond with conditions, again it is advisable to alert the local police to those terms and conditions.

While it is an offence for anyone to assault someone else, if the victim was, at the time the offence was committed, a family member of the offender the maximum penalty has been increased to three years gaol [Criminal Law Consolidation Act 1935 s 20].

If an assault or other offence has been committed, the police should charge the offender. Problems may arise with the willingness of the victim to testify against her or his spouse. Promises that 'things will be better in the future' and 'it will never happen again' can be very convincing for some victims.

Where the victim is a family member of the alleged offender, the offence is classified as a minor indictable offence. This gives the alleged offender the right to either have the matter dealt with in a summary court or to elect for trial before a jury in the District Court, see: types of crimes and courts. This may create difficulties for a victim who does not suffer any visible evidence of injury. The case may amount to the word of the victim versus the word of the alleged offender. The jury's response may well be a reflection of the community's attitude to domestic violence which, in the past, has been to view it as within the private sphere and not subject to public disapproval. The victim's case will be strengthened by other evidence which will support the claim. For example, evidence of the effect of blows on the victim's body may be given by a doctor and this evidence will have more weight if the doctor is seen as soon as possible after the assault. Photographs may also be of great assistance and any eye witness account by neighbours or friends or anyone present at the time.

The court must, as far as practicable, deal with proceedings for intervention orders as a matter of priority.

There has in the past been considerable concern over the inability of the police to intervene where a person 'stalks' someone. Legislation has been enacted which makes stalking an offence [Criminal Law Consolidation Act 1935 s 19AA]. Behaviour defined as stalking includes:

It is very difficult to prove a person is guilty of stalking as the police will have to show that these behaviours occurred on at least two separate occasions and that the 'stalker' intended to cause either:

In some instances the mental element of the stalker is more squarely focussed on 'possessiveness' and 'love' rather than any intention to cause serious physical or mental harm or serious apprehension or fear.

A person found guilty of stalking faces a maximum penalty of three years gaol, or five years gaol where there is either:

A person who is charged with stalking is to be taken to have been charged in the alternative with offensive behaviour. This means if the court finds the charge of stalking is not proved but is satisfied that the lesser charge of offensive behaviour is established, the court may convict the person of that charge.

While obtaining an intervention order is a civil matter, it is a criminal offence to breach or contravene an order. The penalty is a maximum two years gaol.

The police may arrest someone whom they suspect has contravene an order.

A person will not be charged with aiding or abetting a contravention of an intervention order if the person is protected by the intervention order (i.e. a protected person) and their conduct in contravening the order did not result in contravention in respect of any other person who is protected by the order (or any other intervention order) in force against the defendant [Intervention Orders (Prevention of Abuse) Act 2009 s 31(3)].

The victim should always report any and all breaches of an intervention order to the police and ask that the police give them the report number. It is up to the police to decide what action, if any, is to be taken when a breach is reported. If a minor breach is reported police may warn the defendant about his behaviour and give a warning of the consequences of a further breach. It is also more helpful if police are able to show a Court that the defendant has engaged in an ongoing pattern of behaviour if charges are laid for breaching an intervention order.

If the police are not willing to prosecute the offender the victim may institute her or his own private action for assault, and at the same time a claim for financial compensation may be made. The victim must establish that the offender is guilty beyond reasonable doubt. It is therefore wise for the victim to have a lawyer. This mode of prosecution is in fact rarely used. If a victim fails to establish a case she or he may be ordered to pay the legal costs incurred by the other party.

Once a crime is reported to the police it is up to them, not the victim, whether to proceed or not. A person arrested and charged by the police will be prosecuted by the police or the State Crown Prosecutor (depending on the seriousness of the offence). They will decide how the case is conducted and the victim will have no real say in the matter and often will have little contact unless the person charged pleads not guilty.

The case will first come before the Court for a short hearing (called a first return day or mention). If the person (the defendant) was arrested, this will usually be within a few weeks after the charge is laid, or the very next day if the defendant was not granted bail. Defendants who are not arrested will receive a summons about four weeks after the incident and will have to appear in court about four weeks after receiving the summons.

The first hearing is only to allow the Court to find out what each side intends doing about the charge and is not a full hearing of the case. The defendant is asked to plead guilty or not guilty. If pleading guilty the Court will listen to the police facts, hear what the defendant or that person's lawyer has to say about those facts or the appropriate punishment and then impose a punishment. The prosecutor will give to the Court a victim impact statement which tells the Court the effects of the offence on the victim. If the defendant pleads not guilty, the Court will set a new hearing date (the trial date) which will be months away and in the majority of cases, release the defendant on bail until then, see: bail. The defendant may also ask the Court to adjourn the hearing to enable legal advice to be obtained. The defendant can usually seek up to three adjournments.

The victim will usually be the main and sometimes the only witness to the violence and her or his evidence will be vital to the prosecution case; and without it the case will usually be dismissed. To prove a charge the police will have to prove the case beyond any reasonable doubt.

A defendant who is found guilty of a charge or who pleads guilty, may be imprisoned, fined, or put on a good behaviour bond.

A person who is arrested by the police may apply to be released on bail, see: bail. Some typical examples of conditions of bail are that the defendant not:

When a person applies for bail, primary consideration must be given to any need the victim may have, or perceive to have, for physical protection from the applicant.