When deciding whether to make an interim or ongoing (final) 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 respondent 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 [s 10].
The nature of abuse
The Court and the police must recognise the fact that abuse [s 10(1)]:
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 [s 10(1)(c)].
The purpose of intervention
The Court and police must ensure, as far as is practicable, that any order [s 10(1)(d)]:
Issues in relation to contact
The Court and the police must take into account [s 10(2)]:
When deciding to issue a final intervention order the Court must make inquiries whether there is any relevant orders under the Family Law Act 1975 (Cth) or the Children and Young People (Safety) Act 2017 (SA) and how the final intervention order will be likely to affect contact between the protected person or the respondent and any child of the protected person and/or the respondent. The Court must take steps to avoid inconsistency between the intervention order and any orders under the Family Law Act 1975 (Cth) or the Children and Young People (Safety) Act 2017 (SA) [s 23(1a)].
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 [s 10(2)(c)].
When considering whether:
the Court and police must take into account the income, assets and liabilities of the respondent and the protected person [s 10(2)(d)].
When the respondent is a child
If the respondent is a child, the Court and police must, as far as is practicable when making an order [s 10(1)(d)(v)]:
When the respondent 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 respondent does not know where the protected person lives or works [s 10(3)]. Depending on the terms of the intervention order, issuing it may give the respondent this information. This would be the case, for example, where a person wanted an order that the respondent stay away from them. Other terms that do not give the respondent this information may be included in the order.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732.
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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