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).

A person charged with an offence against s 31(2aa)(b) of the Intervention Orders (Prevention of Abuse) Act 2009 (SA) (a breach of a recognised domestic violence intervention order involving physical violence or a threat of physical violence) may only be granted bail subject to conditions requiring home detention and electronic monitoring [Bail Act s 11(2ae)]. This applies to all bail applications where the alleged offending is committed on or after 1 October 2024. A grant of bail in such circumstances is uncommon as there is a presumption against bail for applicants charged with violent breaches of intervention orders. See Presumption of bail for more information.

In an emergency: 000

For police attendance: 131 444

Domestic Violence Crisis Line: 1800 800 098

1800 RESPECT: 1800 737 732