The police have the power to issue an interim intervention order if the respondent is present or in custody [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 18]. This gives protection as soon as the respondent is notified and the protection will be immediate, that is, 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 respondent to appear in the Magistrates Court (usually within 8 days) for the Court to decide if the order should be confirmed or revoked [s 18(3)(d)]. The police are required to complete a Form 9 Statement of Factual Matters supporting Police Issued Interim Intervention Order, which is to be served on the respondent together with the interim intervention order [Uniform Special Statutory Rules 2022 (SA) r 82.1]. See below Court procedure.

If you need immediate protection, call the police.

In an emergency: 000

For police attendance: 131 444

The Magistrates Court must be convinced it is reasonable to suspect that the respondent will commit an act of abuse [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 6]. The victim's signed statement [put before the Court by way of a either a Form 7A Affidavit of Person other than Protected Person – Support Application for Intervention Order or Form 7B Affidavit of Protected Person - Support Application for Intervention Order] is presented in court. According to the instructions on the form itself, it should contain:

The police (who usually act on a victim's behalf - if not, the victim or their representative) have to show the Magistrate that it is more likely than not that the respondent will commit an act of abuse. This is called proving the evidence ‘on the balance of probabilities’ [s 28]. The victim's statement is the evidence (unless it has been provided as recorded evidence).

In a domestic abuse situation where the application is disputed, there are procedures to ensure the matter is resolved as quickly as possible. There will usually only be one adjournment to hear evidence [Uniform Special Statutory Rules 2022 (SA) r 86.2(5)]. 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 [r 86.5].

The formal process, and the rights and obligations of parties throughout an application for an intervention order are set out in Chapter 3 Part 6 of the Uniform Special Statutory Rules 2022 (SA).

1. Application

If the police have not issued an interim intervention order then an applicant, their representative or the police may apply to the Magistrates Court for an intervention order by filing [r 83.1(1)]:

The application must include any application for a problem gambling order or tenancy order.

Forms are available to download from the website of the Courts Administration Authority. The application is filed in the Magistrates Court on the Court SA portal. There is no application fee for a private intervention order application where domestic abuse is alleged. For more information about how the courts are guided to approach domestic and family violence, please refer to the National Domestic and Family Violence Bench Book.

An application by a police officer for the making or variation of an intervention order may also be supported by recorded evidence of the protected person (audio or audio visual) if the interests of justice require and it is permitted by the Court [see Intervention Orders (Prevention of Abuse Act 2009 (SA) s 28A and Uniform Special Statutory Rules 2022 (SA) r 81.3]. The protected person cannot be further examined, cross-examined or re-examined on the recorded evidence without the permission of the Court [s 28A(2)(b)]. For more information about access to recordings, see Recorded Evidence.

If the Police have issued an interim intervention order, then the Police are required to file with the Court:

Forms are available to download from the website of the Courts Administration Authority.

2. Preliminary hearing

At the preliminary hearing, a magistrate will read the Affidavit and/or hear the evidence, and if the magistrate decides there is enough evidence, an interim intervention order will be made. The proposed protected person may not need to attend if the application is made by the police. If the proposed protected person has made a private application (i.e. applied for the order themselves), they must attend. The police or the applicant's lawyer will advise the proposed protected person if they are required to attend the hearing. The respondent will not be present at this hearing.

3. Letting the respondent know

The interim intervention order does not take effect until the police hand it to the respondent personally [ss 21(8)-(8a)]. Once this has been done, it is effective and any breaches can be reported to the police.

4. Determination of the application

After the issuing of an interim intervention order by the police or the Court, the respondent will be required to appear in Court within 8 days (or within 2 days of the Court next sitting at that place) [s 21(7)(c)]. If the respondent is under 18, the hearing will be in the Youth Court. If the respondent does not appear at the determination hearing, the order will be made final [s 23(2)].

At this hearing the Court can [s 23, r 86.2]:

The Uniform Special Statutory Rules 2022 (SA) require that, without contravening any term of an intervention order, the parties must confer fully and frankly throughout the proceedings [r 86.1].

If the matter is contested, the parties will likely be required to attend a pre-trial conference [see r 86.5].

In the event that a party intends to call evidence from an expert at trial, the expert report must be filed and served on all other parties at least 21 days prior to the trial [r 87.1]. Parties are also required to file and serve a summary of facts and the argument on which they intend to rely at trial at least 21 days prior to the trial [r 87.3]. See also Giving evidence in Court regarding the requirement to provide a list of questions at least 21 days prior to trial in some circumstances.

The trial will be conducted if the matter has been unable to be resolved beforehand. At the trial, the Court will determine whether a final intervention order should apply, and the terms of the same. The Court will also determine any application for a problem gambling order and/or a tenancy order [rr 88.2 and 88.3].

Note that while an intervention order is an order under civil law, jurisdiction to hear and determine them is vested in the criminal division of the Magistrates Court [Uniform Special Statutory Rules 2022 (SA) r 6.1].

From 2 September 2019, an application by a police officer may also be supported by recorded evidence (audio or audio visual) of the proposed protected person if the interests of justice require and it is permitted by the Court [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 28A and Uniform Special Statutory Rules 2022 (SA) r 81.3]. The protected person cannot be further examined, cross-examined or re-examined on the recorded evidence without the permission of the Court [s 28A(2)(b)].

If the police intend to ask the court to permit recorded evidence, the police may give the respondent access to the recorded evidence which may be unrestricted or restricted [s 28A, Intervention Orders (Prevention of Abuse) Regulations 2011 (SA) regs 4BB and 4BC]. If access is restricted the police will give the respondent a “recorded evidence access notice” and listening and/or viewing will be under the supervision of a police officer and may be subject to other conditions to prevent unauthorised reproduction or dissemination of the recording. It is an offence to contravene a condition of access with a maximum penalty of a fine of $5,000 [reg 4BB].

Anyone who has possession of, or access to, recorded evidence must not allow access by another person except for the purposes of the proceedings, by a public official for the purposes of official functions or as may be authorised by the police officer who made the application for the intervention order or its variation. It is an offence to refuse or fail to comply with these requirements [reg 4BC].

If a language other than English is used in the recording, the statements must be translated into English in the recording or in a transcript made at a later time and the transcript provided with the recording [reg 4BA]. An interpreter’s affidavit is required as to the accuracy of the translation and the Court may require further verification.

The Magistrates Court can order that evidence, including cross-examination or re-examination evidence, be given in a particular way for certain witnesses. Witnesses who can be protected by special procedures are: a person against whom it is alleged the respondent 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 [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 29(2)]:

The respondent is not able to ask questions directly of a person protected under the order [s 29(4)]. Nor are they able to directly question a child who has allegedly been exposed to abuse committed by the respondent. If the respondent is not legally represented, the respondent must first give the Court a list of cross-examination questions they wish to have asked at least 21 days before the trial date and the Court will decide which questions are allowable [Uniform Special Statutory Rules 2022 (SA) rr 87.2, 88.1]. The questions are then asked by the Court or someone the Court nominates.

If evidence has gone before the Court by way of audio or audio visual record of the protected person, the protected person may still be further examined, cross-examined or re-examined, but only with the permission of the Court [s 28A(2)(b)]. For more information about recorded evidence, see Recorded Evidence.

In an emergency: 000

For police attendance: 131 444

Domestic Violence Crisis Line: 1800 800 098

1800 RESPECT: 1800 737 732