The Court will require information about any relevant court orders or legal proceedings (existing or pending) before making an intervention order.
Family Law Act orders
If the Court makes an intervention order that is inconsistent with certain Family Law Act orders (those referred to in section 68R of the Family Law Act 1975 (Cth)), then the Family Law Act order prevails [see Intervention Orders (Prevention of Abuse) Act 2009 s 16].
However, the Court may change (revive, vary, discharge or suspend) these Family Law Act orders when making an intervention order [see Intervention Orders (Prevention of Abuse) Act 2009 s 16].
The following types of Family Law Act orders will prevail over an intervention under unless otherwise ordered by the Magistrates Court:
If the Court wishes to change a parenting order, recovery order or injunction, it can only do so if it has evidence that was not presented to the court that made the original order [see Family Law Act 1975 (Cth) s 68R(3)]. This does not apply to a parenting plan, undertaking or recognizance.
State child protection orders
An intervention order prevails over a care and protection order made in relation to a child under section 38 of the Children's Protection Act 1993 (SA) or section 53 of the Children and Young People (Safety) Act 2017 (SA) to the extent of any inconsistency. The Youth Court may resolve the inconsistency by varying or revoking the order on application under the Children and Young People (Safety) Act 2017 (SA).
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732.