Intervention Orders

What is an intervention order?

An Intervention Order (also referred to as an AVO or Restraining Order) prohibits a person (the defendant) from contacting or behaving in a certain way towards a protected person. It is an order made by a Court. As it is made under civil law, it isn't actually a criminal charge.

An Intervention Order is often pursued at the same time that an allegation of assault is made. Its purpose is to protect a person because it is suspected or feared that the defendant will commit an act of abuse against that person.

Websters Lawyers can assist anyone who has been served with an Intervention Order or has been charged with breaching an Order, and can also advise and represent those wishing to apply for an Order against another person, or who wish to have an existing Order varied or revoked.

When will a Court make an Intervention Order?

In accordance with South Australian law, a Court can make an intervention order if it reasonably suspects that the defendant will, without intervention, commit an act of abuse against a person. It must also be satisfied that under the circumstances it is appropriate to make the order.

Intervention Orders can be made in domestic abuse cases, such as spousal relationships, and in non-domestic abuse situations, such as threats from a neighbour.

What is abuse?

An act of abuse is defined as an act resulting in one or any of the following:

• Physical injury, or
• Emotional or psychological harm (including mental illness, nervous shock, distress, anxiety or fear that is more than trivial) or
• Unreasonable denial of financial autonomy, or
• Damage to a person’s property.

Who Can Apply for an Intervention Order?

Anyone who has suffered from abuse can apply to the Magistrates Court for an Intervention Order. The police have authority to issue an Interim Intervention Order or to apply to the Court for an Order on behalf of anyone who is at risk of abuse. In most cases a person seeking an Order will speak to the police first with a view to having them make the application on the person’s behalf. If for any reason the police won’t assist, the individual can make a private application or engage a lawyer to do so on their behalf. An experienced criminal lawyer at Websters Lawyers can provide advice on whether there are sufficient grounds to make an application and assistance in doing so.

What if Family Court orders conflict with an Intervention Order?

Where an intervention order is inconsistent with a Family Court Order, the Family Court Order will apply.

For how long does an Intervention Order last?

Once ordered by the Court, an intervention order lasts forever. An application to vary or revoke the Order can be made after the time specified in the Order. If no time is stated in the Order an application can only be made after 12 months.

What is the penalty for breaching an order?

Whilst an Intervention Order is not made under the criminal law, any breach of the order is a criminal offence. The penalty for that offence depends on how many times the order has been breached in the past. If a person breaches an order for the first time, then they could face up to three years imprisonment (or five years if it is an aggravated offence).

If the breach is the second time that the order has been contravened in 5 years (or if the breach involved physical violence or a threat of physical violence), then the person could face up to 7 years imprisonment (or 10 years if it is an aggravated offence). Because the penalty is more than 5 years, this means that the offence is a ‘major indictable’ and is dealt with by the District Court.

Importantly, the police can arrest someone if they suspect they have breached the order. If the allegation of the breach involves physical violence or a threat of physical violence, then that person will not have a presumption in favour of bail. They will have to show ‘special circumstances’ in order to be released on bail. Special circumstances are difficult to establish and can often lead to the person alleged to have breached the intervention order being remanded in custody, even if they are pleading not guilty to the offence.

Do I need a lawyer?

If an intervention order is made against a person, it will usually seriously restrict their right to go wherever they wish or to interact with whomever they choose. It is not to be taken lightly.

Engaging a criminal defence lawyer will ensure that Court hearings take place as quickly as possible and that the prosecution is on notice of any issues. Even if the intervention order is not contested it might be possible to negotiate the terms of the order.

There are also limits on how an unrepresented defendant can conduct a trial. Securing legal representation will ensure that the case is presented in the best way possible.

Very often an intervention order will be made in a family law dispute. It is invaluable to have a lawyer who understands both the family law issues and the intervention order issues. This ensures that the right hand knows what the left hand is doing, so to speak, because anything done on one case might affect the other.

How do I get a lawyer?

Contacting a specialist criminal defence lawyer will help to ensure that you get the right advice, right from the start. At Websters Lawyers, we have experienced criminal defence lawyers and we offer a 20 minute free first consultation in which we can explain the Court process and the charge to you.

Call Websters Lawyers on 8231 1363 to speak with a criminal defence lawyer today.