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Breaches of an intervention order

A person who contravenes a term of an intervention order, other than an order in relation to an intervention program, is guilty of an offence with a maximum penalty of imprisonment for 3 years for a basic offence and for 5 years for an aggravated offence [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 31(2)].

If the contravention involved physical violence or a threat of physical violence, or is the second or subsequent contravention in a 5 year period, the maximum penalty is imprisonment for 7 years for a basic offence and for 10 years for an aggravated offence [s 31(2aa)].

A person who contravenes a term of an intervention order in relation to an intervention program is guilty of an offence with a maximum penalty of a fine of $2,000 (expiation fee: $315) or imprisonment for 2 years [s 31(1)].

If a protected person contravenes an intervention order, they are not guilty of an offence of aiding, abetting, counselling or procuring the contravention of an intervention order, as long as their behaviour does not involve another person protected by an intervention order imposed on the respondent [s 31(3)]. (This is different to the situation under the old domestic violence law.)

If a police officer has reason to suspect that a person has contravened an intervention order, the officer may arrest and detain the person [s 36]. The person must be brought before the Court as soon as practicable, and not more than 24 hours after arrest (but not counting weekends and public holidays).

In an emergency: 000

For police attendance: 131 444

Domestic Violence Crisis Line: 1800 800 098

1800 RESPECT: 1800 737 732

Breaches of an intervention order  :  Last Revised: Mon Aug 22nd 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.