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Who can apply to change or cancel an order?

See Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 26.

At any time after the issuing of an intervention order, the police, a protected person or their representative may apply to the Magistrates Court to vary (change) or revoke (cancel) the intervention order. If the protected person is under the age of 14, a parent or representative may apply on their behalf. The police usually require that the protected person receive counselling before they will assist with an application to revoke (cancel) an order.

If the defendant wishes to apply to have the order varied or revoked, they must wait until the date set in the order. If there is no date in the order, the defendant must wait 12 months before applying for variation or revocation [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 15]. The Court may dismiss the application by the defendant without hearing evidence from the protected person if satisfied that the application is frivolous or vexatious, or if there has been no substantial change in the relevant circumstances since the order was issued or last varied [s 26(4)].

Generally, before varying or revoking an intervention order, the Magistrates Court must allow the police, the defendant and each person protected by the order a reasonable opportunity to be heard on the matter [s 26(5)].

An intervention cannot be varied by removing a firearms term unless the court is satisfied that the defendant has never been guilty of violent or intimidating conduct and needs a firearm to earn a livelihood.

A varied order only takes effect when served upon the defendant.

In an emergency: 000

For police attendance: 131 444

Domestic Violence Crisis Line: 1800 800 098

1800 RESPECT: 1800 737 732.

Who can apply to change or cancel an order?  :  Last Revised: Wed Jan 30th 2019
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