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ARTICLE · 13 FEBRUARY 2019

Successfully defending an intervention order

Intervention orders – what they are, what it means, what happens, breaches, why and how to defend against one.

AustraliaCriminal Law

What is an intervention order?

An intervention order is an order made by a court restraining the defendant from having certain types of contact with the person protected by the order. The defendant may also be prevented from attending at certain places including the protected person's residence or place of employment.

Intervention orders are made under the Intervention Orders (Prevention of Abuse) Act 2009 (SA) and similar legislation in other states of Australia. They are what used to be known as restraining orders.

An Application for an intervention order can be made by the police on behalf of the protected person or by the protected person themselves.

It is appropriate for the Court to make an intervention order upon an application being made to them to do so, if it is reasonable to suspect that the defendant will commit an act of abuse against a person; and the issuing of the order is appropriate in the circumstances.

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