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Breaching an intervention order

While obtaining an intervention order is a civil matter, it is a criminal offence to breach or contravene an order. The penalty is a maximum two years gaol.

The police may arrest someone whom they suspect has contravene an order.

A person will not be charged with aiding or abetting a contravention of an intervention order if the person is protected by the intervention order (i.e. a protected person) and their conduct in contravening the order did not result in contravention in respect of any other person who is protected by the order (or any other intervention order) in force against the defendant [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 31(3)].

The victim should always report any and all breaches of an intervention order to the police and ask that the police give them the report number. It is up to the police to decide what action, if any, is to be taken when a breach is reported. If a minor breach is reported police may warn the defendant about his behaviour and give a warning of the consequences of a further breach. It is also more helpful if police are able to show a Court that the defendant has engaged in an ongoing pattern of behaviour if charges are laid for breaching an intervention order.

See also the Law Handbook's Criminal law chapter on Breaching an intervention order.

Breaching an intervention order  :  Last Revised: Thu Jan 21st 2016
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