What is an Intervention Order?
An Intervention Order (IO) is a legal tool designed to protect people from abuse, harassment, or intimidation. In South Australia, these orders fall under the Intervention Orders (Prevention of Abuse) Act 2009 (SA). An IO places restrictions on a respondent to prevent them from causing harm or making threats.
In most cases, police assist with Intervention Orders by applying on behalf of victims. However, if police do not take action, individuals in South Australia can apply privately through the Magistrates Court.
Who Can Apply for an Intervention Order?
You can apply for an Intervention Order if you:
- Are experiencing abuse, harassment, or threats.
- Are a guardian or legal representative of a vulnerable person.
Reasons for Seeking an Intervention Order
A court may grant an IO if there is proof of:
- Physical, verbal, emotional, or psychological abuse.
- Harassment, stalking, or intimidation.
- Financial control or coercion.
- Threats that cause fear or distress.
- Property damage or trespassing.
How to Apply for a Private Intervention Order in South Australia
1. Get Legal Advice
Before you apply, it is a good idea to speak with a criminal lawyer who specialises in the field. A lawyer can help you understand your rights, draft a comprehensive affidavit, and guide you through the court process.
2. Prepare Your Application
When applying for an IO, you will need to:
- Complete the right forms – Available from a Magistrates Court or the South Australian Government website.
- Write a detailed statement/affidavit – This should describe the incidents of abuse or threats.
- Collect supporting evidence – Such as text messages, emails, police reports, medical records, or witness statements.
3. Submit Your Application
File your application at your nearest Magistrates Court in South Australia.
4. Court Hearing Process
- First hearing: A magistrate reviews your evidence and may grant an interim order.
- Serving the respondent: Police will notify the respondent of the order.
- Final hearing: If contested, both parties present their case before a magistrate makes a final decision.
5. What Happens After the Order is Granted?
Once issued, the respondent must follow all conditions of the IO. Breaching an Intervention Order is a criminal offence and can result in penalties, including fines or imprisonment.
How Can a Lawyer Help?
At Shkambi & Associates Pty Ltd, we specialise in Intervention Orders and criminal law matters across South Australia. We provide expert legal advice, represent clients in court, and ensure all applications are handled professionally to maximise your chances of success.
Need Assistance with an Intervention Order in Adelaide?
If you need help applying for an Intervention Order in South Australia, reach out to us today. Our team is committed to protecting your rights and ensuring your safety.