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South Australia

Intervention orders in South Australia

How intervention orders work in South Australia — police-issued interim orders, the Magistrates Court process for confirming an order, why confirmed orders have no end date, what a breach means, and where to get free help.

Checked against official sources on 8 Nov 2026. General information, not legal advice. No lawyer or solicitor has reviewed this page.

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Overview

If you are in immediate danger, call the police on triple zero (000). For police help that is not urgent, call 131 444. South Australia's Domestic Violence Crisis Line is free and available 24 hours a day on 1800 800 098, and 1800RESPECT can be reached nationally on 1800 737 732. This page gives general information about South Australian law and is not legal advice about your situation.

In South Australia a protection order is called an intervention order, made under the Intervention Orders (Prevention of Abuse) Act 2009 (SA). The same Act covers both domestic abuse — between partners, former partners, family members, people in a close personal relationship and people in an ongoing care relationship (such as a carer and the person they care for) — and abuse by someone who is not a family member. The person protected is described as the protected person, and the person the order is made against is called the defendant in the Act (court and Legal Services Commission material often says respondent). Children who may see, hear or be affected by the abuse, and other people, can also be protected by the order.

South Australia's process has two distinctive features. First, police can issue an interim intervention order themselves when the defendant is with them or in custody, and that order requires the defendant to appear before the Magistrates Court within 8 days of the order being made (or within 2 days after the court next sits there, if it does not sit within that time). Second, once a magistrate confirms an intervention order, it has no expiry date at all — it continues indefinitely until the court revokes it. An intervention order is a civil order and is not a criminal conviction, but breaching one is a criminal offence.

Who this is for

  • You are being abused by a partner, former partner or family member anywhere in South Australia
  • Police issued an interim intervention order after attending an incident
  • You want to apply privately for an intervention order at the Magistrates Court
  • You have been served with an interim intervention order and must attend court
  • The defendant has breached a condition of an intervention order
  • You want to vary or revoke a confirmed intervention order
  • You need conditions that still allow arrangements for the children to work
  • You have moved to South Australia with a protection order made in another state
LegislationShow
  • Intervention Orders (Prevention of Abuse) Act 2009 (SA) (SA)

    The main Act. It defines abuse, including physical, sexual, emotional, psychological and economic abuse, allows police to issue interim intervention orders, sets out how the Magistrates Court confirms, varies or revokes orders, provides for associated problem gambling and tenancy orders and for intervention programs, and creates the offence of contravening an intervention order.

  • Criminal Law Consolidation Act 1935 (SA) (SA)

    Contains the criminal offences commonly charged alongside an intervention order, including assault, causing harm, threats, choking in a domestic setting, stalking and property damage.

  • Criminal Law Consolidation (Coercive Control) Amendment Act 2025 (SA) (SA)

    Passed by the South Australian Parliament on 4 September 2025 and assented to on 11 September 2025. It creates a stand-alone criminal offence of coercive control in a current or former intimate relationship, with a maximum penalty of 7 years' imprisonment, and makes related changes to the Evidence Act and to the intervention orders Act (adding engaged couples, including a betrothal under cultural or religious tradition, to the meaning of a relationship). It starts on a day to be fixed by proclamation and had not started as at 8 November 2026, so check the legislation site for the current position.

  • Family Law Act 1975 (Cth) (CTH)

    Governs parenting and property matters after separation. Sections 68P to 68R deal with how family violence orders interact with parenting orders. Under section 68R the Magistrates Court, when it makes or varies an intervention order, can revive, vary, discharge or suspend the parts of a parenting order that deal with a child spending time with a person, but only if it has material that was not before the family court, and it cannot discharge a parenting order when making an interim order.

Courts and tribunalsShow
  • Magistrates Court of South Australia

    Hears intervention order applications, decides whether to confirm, change or revoke interim orders issued by police or by the court, varies and revokes final orders, and deals with charges for contravening an order.

  • Youth Court of South Australia

    Hears intervention order applications where the defendant is under 18, and deals with child protection proceedings in which family violence is a factor.

  • South Australia Police (SAPOL)

    Responds to domestic abuse, issues interim intervention orders, serves orders, applies to the court on a victim's behalf and presents the case, and investigates and charges breaches. Call 131 444 for police help that is not urgent.

  • Women's Domestic Violence Court Assistance Service

    A free, specialist statewide legal service for women affected by domestic and family violence. It helps with intervention order applications, variations and revocations in the Magistrates Court, with ending tenancies and related SACAT applications, and with reporting breaches to police. Phone 1800 246 642, Monday to Friday, 9am to 5pm.

ProcessShow

  1. 01Report to police or get support

    Call 000 in an emergency or 131 444 for police help that is not urgent, or contact the Domestic Violence Crisis Line on 1800 800 098 for crisis counselling, support and referral to safe accommodation. Police can issue an interim order or apply to the court for you, prepare the documents and attend court, so you do not have to apply yourself.

    Typical timeframe: Same day

  2. 02Police-issued interim intervention order

    A police officer can issue an interim intervention order if it appears there are grounds for one (it is reasonable to suspect the defendant will commit an act of abuse without an order, and an order is appropriate) and the defendant is with police or in custody. An officer below the rank of sergeant needs approval from a sergeant or more senior officer. The order takes effect when it is handed to the defendant personally and can include conditions such as no contact, staying away from a home or workplace, and surrendering firearms. The defendant must give police an address for service in writing, and not doing so within 7 days of being asked is an offence.

    Typical timeframe: Same day

  3. 03First appearance in the Magistrates Court

    A police-issued interim order acts as a summons for the defendant to appear before the Magistrates Court within 8 days of the order being made (or within 2 days after the court next sits at that place, if it does not sit within that time). The date and place are written on the order. The court can confirm the order, change its conditions, dismiss the application or, if the defendant disputes it, set the matter down for a pre-trial conference. If the defendant does not attend, the court can confirm the order in their absence.

    Typical timeframe: Within 8 days of the order

  4. 04Private application to the court

    If police have not acted, you can apply to the Magistrates Court yourself, online through the CourtSA Portal or at a court registry, with an affidavit explaining why you need protection. There is no fee if domestic abuse is alleged. You must attend a preliminary hearing to give sworn evidence; the defendant is not told about it and is not there. If the court makes an interim order, it is served on the defendant and the court sets a hearing, usually within about a week.

    Typical timeframe: Preliminary hearing as soon as practicable; next hearing usually within a week

  5. 05Contested hearing

    If the defendant disputes the order, the court usually allows one adjournment and then lists a pre-trial conference, where the parties can exchange evidence and try to reach agreement. If there is no agreement, the matter goes to trial and both sides give evidence. A defendant without a lawyer cannot question the protected person directly; the court asks the questions it allows, and arrangements such as giving evidence by video link or behind a screen are available. Mediation is not offered where domestic abuse is alleged. The interim order stays in force in the meantime.

    Typical timeframe: Varies from case to case

  6. 06Confirmed order

    Once confirmed, an intervention order has no end date. It continues until the court revokes it. When it makes a final order the court can also make associated orders (a tenancy order that transfers the defendant's interest in a rented home's lease to the protected person or another person, or a problem gambling order), and it can require the defendant to be assessed for, and take part in, an intervention program.

    Typical timeframe: Indefinite

  7. 07Variation or revocation

    Police, a protected person or the defendant can apply to vary the conditions or revoke the order. A defendant can apply only after the date set in the order, which is at least 12 months after it was made or last varied, and the court can dismiss a defendant's application without hearing from the protected person if there has been no substantial change in circumstances. The court focuses on the protected person's safety.

    Typical timeframe: Protected person: any time; defendant: after at least 12 months

Parties

  • Protected person

    The person the intervention order protects. Children and other people can also be named as protected persons.

  • Defendant

    The person the order is made against, who must comply with every condition from the moment the order is served.

  • Issuing police officer

    The SAPOL officer who issues an interim intervention order (with approval from a sergeant or more senior officer if the officer is more junior) and requires the defendant to appear in court.

  • Police prosecutor

    The prosecutor who presents the application to confirm the order at court and who prosecutes breaches.

  • Court assistance worker

    A Women's Domestic Violence Court Assistance Service worker who gives women free legal help with an application, variation or revocation, tenancy issues and reporting breaches.

  • Duty lawyer

    A Legal Services Commission duty lawyer at most Magistrates Courts. Duty lawyers mainly help people charged with criminal offences, such as a breach charge, and may decline to act in intervention order proceedings, so call the Legal Helpline on 1300 366 424 early.

Time limits

These are general time limits described in prose. This page does not calculate a deadline for your matter.

  • Appearing after a police interim order

    A police-issued interim intervention order requires the defendant to appear before the Magistrates Court within 8 days of the order being made, or within 2 days after the court next sits at that place if it does not sit within that time

    Source: Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 18(3)(d); Legal Services Commission of SA — when there is an intervention order against you; Law Handbook SA

  • Duration of a confirmed intervention order

    No end date — a confirmed order continues indefinitely until the court revokes it

    Source: Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 11; SA.GOV.AU — intervention orders

  • Contravening an intervention order

    A criminal offence. Breaching most conditions carries up to 3 years' imprisonment, or 5 years if a child is likely to be exposed; a repeat breach (within 5 years of an earlier one), or one involving violence or a threat of violence, carries up to 7 years, or 10 years if a child is likely to be exposed. Only police can charge a breach

    Source: Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 31; Women's Domestic Violence Court Assistance Service

  • Applying to vary or revoke

    A defendant can apply to vary or revoke a final order only after the date set in the order, which must be at least 12 months after it was made or last varied (12 months if the court sets no date), and the court can dismiss the application if there has been no substantial change in the relevant circumstances

    Source: Intervention Orders (Prevention of Abuse) Act 2009 (SA) ss 15 and 26

  • Interstate orders in SA

    Domestic violence orders made anywhere in Australia on or after 25 November 2017 are automatically recognised and enforceable in South Australia without registration; older orders can be declared recognised by the Magistrates Court or Youth Court

    Source: National Domestic Violence Order Scheme; Intervention Orders (Prevention of Abuse) Act 2009 (SA) Part 3A

Costs and helpShow

If police issue an interim intervention order or apply to the court for you, police prepare the documents and present the case, so the process costs you nothing. There is no fee to lodge a private application where domestic abuse is alleged; other private applications attract a lodgement fee, and a registrar can waive or reduce it if you cannot pay (Form 62A). Legal representation is the main cost if a matter is disputed and goes to trial. Legal aid is not granted for intervention order cases because they are not criminal matters, but the Legal Services Commission of South Australia runs a free Legal Helpline on 1300 366 424 and publishes fact sheets for protected persons and for people with an order against them. Women can get free legal help from the Women's Domestic Violence Court Assistance Service. Community legal centres, Women's Legal Service SA and Aboriginal legal services may also help for free, and some community legal centres may be able to represent people.

Legal Services Commission of South Australia

Free Legal Helpline on 1300 366 424, fact sheets on intervention orders for protected persons and for people with an order against them, and the Law Handbook. Legal aid grants are not available for intervention order cases, and its duty lawyers at most Magistrates Courts mainly help people charged with criminal offences.

Where to get help

Practical guidanceShow

How does a police-issued interim intervention order work in South Australia?

South Australia gives police a direct power. If it appears to a police officer that there are grounds for an order (it is reasonable to suspect the defendant will commit an act of abuse without one, and an order is appropriate) and the defendant is with police or in custody, the officer can issue an interim intervention order there and then, even if the protected person does not want one. An officer below the rank of sergeant needs approval from a sergeant or more senior officer first. The order takes effect once it is handed to the defendant personally, and it can contain the same kinds of conditions a court order contains — no contact, no going near a home or workplace, and surrendering firearms and any firearms licence. The interim order also acts as a summons: the defendant must appear before the Magistrates Court within 8 days of the order being made (a little longer in places where the court does not sit that often), so a magistrate reviews what police have done quickly. At that appearance the court can confirm the order, change the conditions, dismiss it, or set the matter down for a pre-trial conference if the defendant disputes it. If you are the protected person, use those days to get support and legal help; if you are the defendant, contact the Legal Services Commission's Legal Helpline on 1300 366 424 before the appearance.

Why do confirmed intervention orders in SA have no end date?

This surprises people who have moved from another state, where final orders usually have an end date. In South Australia the Act says an intervention order continues until it is revoked, and the court is not allowed to set an expiry date. There is no need to apply for an extension. The order ends only when the Magistrates Court revokes it, which requires an application and a chance for police, the defendant and each protected person to be heard. For a protected person, this removes the anxiety of a looming expiry date and the need to reapply. For a defendant, it means the order is a long-term feature of life unless the court is persuaded to change or revoke it. A defendant cannot apply until the date set in the order, which is at least 12 months after it was made or last varied, and the court can dismiss the application without hearing from the protected person if there has been no substantial change in circumstances. Either way, it is worth making sure the conditions are workable at the outset, because they will be in place for a long time.

What conditions and associated orders can a South Australian court make?

An intervention order can prohibit the defendant from being on or near premises where the protected person lives or works, or other places they go, from being in a particular locality, from approaching within a set distance of them, and from contacting, harassing, threatening or intimidating them. It can also require positive steps, such as surrendering specified weapons, returning specified personal property, or letting the protected person collect belongings with a police officer present. Almost every order must include firearms terms: firearms and any firearms licence must be surrendered, and the licence is suspended while the order is in force. The court can also order the defendant to be assessed for, and then take part in, an intervention program aimed at the abusive behaviour. When it makes a final order, it can make associated orders: a tenancy order that transfers the defendant's interest in a rented home's lease to the protected person or another person who agrees to take it on, and a problem gambling order where there is a reasonable likelihood of harm to family members because of the defendant's gambling. If you want a tenancy or problem gambling order, include it in your application. Ask for conditions that reflect how you actually live, and mention any shared workplace, school or sporting club so the order can deal with it clearly.

What should you do if an intervention order is breached?

Report it to police. Only police can charge a defendant with breaching an intervention order in South Australia — the protected person does not bring the charge. Breaching an order is a criminal offence. Breaching most conditions carries up to 3 years' imprisonment, or up to 5 years where a child is likely to see, hear or be affected by it. A repeat breach, or one involving violence or a threat of violence, carries up to 7 years, or up to 10 years where a child is likely to be exposed. Breaching a condition to take part in an intervention program carries a lower maximum (a fine or up to 2 years' imprisonment). Give police the order, proof that it was served, and the evidence: screenshots showing the sender and the time, voicemails, photographs, CCTV, and a dated diary of what happened and who saw it. Ask for the police report number each time you report something, because a pattern of reports supports a prosecution and any later application to strengthen the order. Remember that a protected person cannot give permission for a breach — if the order says no contact, replying to the defendant does not make their contact lawful. If the conditions need to change, apply to vary the order.

How do intervention orders interact with parenting and other court orders?

If there are parenting orders, a parenting plan, or a case in the Federal Circuit and Family Court of Australia, tell the Magistrates Court. An applicant must tell the court about family law orders and other proceedings they know of, and the court must ask about them before making a final order where children are involved. Intervention orders can include exceptions, for example allowing contact about children's arrangements, sometimes through another person, or attending family dispute resolution, so that handovers do not create a breach. Where the documents still conflict, an intervention order is invalid to the extent it is inconsistent with a Family Law Act order about a child spending time with a person. Under section 68R of the Family Law Act 1975 (Cth), the Magistrates Court can revive, vary, discharge or suspend those parts of a parenting order when it makes or varies an intervention order, but only if it has material that was not before the family court, and it cannot discharge a parenting order when making an interim order. Intervention orders also interact with tenancy law through associated tenancy orders, and with firearms law, since an order suspends any firearms licence and requires firearms to be surrendered. Get legal help if more than one court is involved.

What if an intervention order has been made against you unfairly?

First, comply with it completely, including any no-contact condition, from the moment you are served, even if the protected person contacts you or invites you over. If the order bans contact, contacting the protected person, even to argue about the order, is a criminal offence. Second, get legal help quickly. Legal aid is not granted for intervention order cases, but the Legal Services Commission's Legal Helpline on 1300 366 424 can help, the Commission publishes a fact sheet for people who have an intervention order against them, and some community legal centres may be able to represent you. Duty lawyers at the Magistrates Court mainly help people facing criminal charges. At your first appearance you can ask for an adjournment to get legal help (the court will usually allow only one), agree to the order being confirmed on conditions you can live with (you can do this without admitting the allegations), or tell the court you dispute it, in which case it will set a pre-trial conference and, if there is no agreement, a trial. If you do not attend, the court can confirm the order in your absence. Think practically about conditions: an exception for collecting belongings with police present, for attending a shared workplace, or for contact about children's arrangements can make a confirmed order liveable. Because confirmed orders in South Australia do not expire, negotiating sensible conditions now matters a great deal.

Checklist

  • Copy of the police-issued interim order or the court order
  • Notice of the court appearance date
  • Police report number and the attending officers' details
  • Your written account of incidents in date order
  • Screenshots of messages, emails and social media contact
  • Photographs of injuries or property damage
  • Medical, hospital or counselling records
  • Existing parenting orders or family law documents
  • Tenancy agreement or ownership documents for the home
  • Firearms licence details and weapons in the household
  • Names and contact details of witnesses
  • A safety plan and emergency contact list

Common questions

How long does an intervention order last in South Australia?

Once a magistrate confirms an intervention order, it does not have an end date. It stays in force until the court revokes it, so there is no need to apply for an extension. An interim order, whether issued by police or the court, stays in force until the court makes a final decision. The first court date is written on the interim order and is normally within 8 days of the order being made (or within 2 days after the court next sits, in places where it does not sit that often). If the defendant disputes the order, the interim order continues while the case goes on.

Can police make an intervention order without going to court?

Yes. In South Australia a police officer can issue an interim intervention order if there are grounds for one and the defendant is with police or in custody; an officer below the rank of sergeant needs approval from a sergeant or more senior officer. It takes effect once handed to the defendant and includes conditions like a court order. It also requires the defendant to appear before the Magistrates Court on a date written on the order, normally within 8 days of the order being made, so a magistrate reviews it quickly.

Can I apply for an intervention order myself?

Yes. You can apply to the Magistrates Court yourself, online through the CourtSA Portal or at a court registry, without police involvement. There is no fee if domestic abuse is alleged. You must attend a preliminary hearing to give sworn evidence, and the defendant is not there. The court can make an interim order, which is served on the defendant and brought back before the court, usually within about a week. Women can get free legal help with the application from the Women's Domestic Violence Court Assistance Service on 1800 246 642.

What happens if the defendant breaches the order?

Report it to police straight away. Breaching an intervention order is a criminal offence in South Australia. Breaching most conditions carries up to 3 years' imprisonment, and the maximum reaches 10 years for a repeat or violent breach where a child is likely to be exposed. Only police can charge a breach. Keep evidence such as screenshots, voicemails, photographs and a dated diary, and ask for the police report number.

Can an intervention order deal with the house or the tenancy?

Yes. When it makes a final order, the Magistrates Court can make associated orders under the Intervention Orders (Prevention of Abuse) Act 2009 (SA), including a tenancy order that transfers the defendant's interest in a rented home's lease to the protected person or another person, and a problem gambling order. An order can also stop the defendant going to a home they own or rent, and once an order keeps the defendant away from a rented home, the protected person can change the external locks without the landlord's consent, and must give the landlord a key and a copy of the order (unless the landlord is the defendant). Include any request for a tenancy or problem gambling order in your application.

Is coercive control a criminal offence in South Australia?

Controlling behaviour is already part of the definition of abuse in the intervention orders law (for example, exercising an unreasonable level of control and domination over a person's daily life), so it can support an intervention order now. South Australia has also passed the Criminal Law Consolidation (Coercive Control) Amendment Act 2025, which creates a stand-alone criminal offence of coercive control in current or former intimate relationships, with a maximum penalty of 7 years' imprisonment. The offence starts on a day to be fixed by proclamation and had not started as at 8 November 2026. Check the South Australian legislation site for the current position.

Does an interstate order protect me in South Australia?

Yes, if it is a domestic violence order. Domestic violence orders made anywhere in Australia on or after 25 November 2017 are automatically recognised and enforceable in South Australia under the National Domestic Violence Order Scheme, with no registration needed. Older orders can be declared recognised orders by applying to the Magistrates Court or the Youth Court.

Sources

  1. Intervention Orders (Prevention of Abuse) Act 2009 (SA) (accessed 8 Nov 2026)
  2. Intervention Orders (Prevention of Abuse) Act 2009 (SA) — current authorised version from 1 July 2026, with legislative history (accessed 8 Nov 2026)
  3. SA.GOV.AU — Intervention orders (accessed 8 Nov 2026)
  4. Courts SA — Intervention orders (accessed 8 Nov 2026)
  5. Courts SA — Private intervention order applications (accessed 8 Nov 2026)
  6. Legal Services Commission of SA — When there is an intervention order against you (accessed 8 Nov 2026)
  7. Legal Services Commission of SA — Applying for an intervention order (accessed 8 Nov 2026)
  8. Legal Services Commission of SA — Duty Lawyer Service (accessed 8 Nov 2026)
  9. Law Handbook SA — What is an intervention order? (accessed 8 Nov 2026)
  10. Law Handbook SA — Applying for an intervention order (accessed 8 Nov 2026)
  11. Women's Domestic Violence Court Assistance Service (SA) — Intervention Orders (accessed 8 Nov 2026)
  12. SA.GOV.AU — Domestic and family violence and sexual assault support services (accessed 8 Nov 2026)
  13. Criminal Law Consolidation (Coercive Control) Amendment Act 2025 (SA) (accessed 8 Nov 2026)
  14. Family Law Act 1975 (Cth) (accessed 8 Nov 2026)
  15. Office for Women SA — Criminalising coercive control in South Australia (accessed 8 Nov 2026)
This is general legal information, not legal advice. It does not claim that a solicitor has reviewed this page for your situation, and it does not create a solicitor-client relationship.

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Intervention Orders in South Australia: A Guide
Intervention Orders in South Australia: A Guide - newlaw.ai