While obtaining an intervention order is a civil matter, it is a criminal offence to breach an order.

There are four categories of breach:

An aggravated offence is an offence committed in circumstances where the offender knew or suspected, or ought reasonably to have known or suspected, that there was a reasonable likelihood that a child would see, hear or otherwise be exposed to the conduct constituting the offence or to any effects of that conduct.

Penalty

For a breach of a term under section 13(failure to comply with intervention program)

The maximum penalty is a $2,000 fine or 2 years imprisonment, or an expiation fee of $315 [s 31(1)]. The Court may also order payment of not more than a prescribed amount towards the cost of any intervention program the respondent may be required to undertake. For details of the prescribed amount see reg 4A of the Intervention Orders (Prevention of Abuse) Regulations 2011 (SA).

For a breach of any other term [section 31(2)]

The maximum penalty for a basic offence is 3 years imprisonment, for an aggravated offence it is 5 years imprisonment.

For a breach of any other term that involves physical violence or a threat of physical violence [section 31(2aa)(b)]

The maximum penalty for a basic offence is 7 years imprisonment, for an aggravated offence it is 10 years imprisonment.

For a breach of any other term a second or subsequent time in a 5 year period [section 31(2aa)(a)]

The maximum penalty for a basic offence is 7 years imprisonment, for an aggravated offence it is 10 years imprisonment.

In addition to the above penalties, any breach may also result in an order for payment of not more than the prescribed amount towards the cost of any intervention program the respondent is required to undertake [ss s 13(4)(b) and 31(2a)(a)]. For details of the prescribed amount see reg 4A of the Intervention Orders (Prevention of Abuse) Regulations 2011 (SA).

Where there is only a penalty of imprisonment provided for an offence, the Court may substitute that penalty for another penalty, such as a suspended sentence or a fine, where good reason exists to do so [Sentencing Act 2017 (SA) s 25(2) and (3)].

Breach by protected person

A protected person is not guilty of an offence of aiding or abetting a breach of the order unless their conduct results in a breach of the order in respect of another person protected by the order (or any other order in force against the respondent) [s 31(3)].

Landlords

It is an offence for a landlord to provide a respondent with a key or otherwise assist in providing entry to premises where a protected person is resident. The following conditions must be met for the offence to be made out:

See Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 32.

Police action

It is up to police to decide what action, if any, is to be taken when a breach is reported. If a minor breach is reported, police may choose to warn the respondent about his/her behaviour and give a warning of the consequences of a further breach rather than take action at this point.