An intervention order (previously known as a restraining order) is a court order which prohibits a person (the defendant) from behaving in a particular manner towards a protected person (or persons). In addition to acting as a restraint on the behaviour of the defendant, they can also direct the defendant to comply with certain directions. In short, any measures that are deemed necessary to protect the protected person or persons can be made the terms of an intervention order.
An intervention order is an order under civil law – that is, an intervention order is not a criminal charge, although criminal penalties may apply if the order is breached.
Intervention orders are largely made by the Magistrates Court. While an intervention order is an order under civil law, jurisdiction to hear and determine them is vested in the criminal division of the Magistrates Court [see Magistrate Court Rules (Criminal) 1992 (SA) rule 4.07].
The object of an intervention order is to protect anyone against whom it is suspected the defendant will commit an act of abuse, including any child who may be exposed to the effects of abuse committed by the defendant against another person.
An order can be made in relation to a defendant living anywhere in Australia.
Both domestic and non-domestic abuse situations are covered by the Intervention Orders (Prevention of Abuse) Act 2009 (SA).
The primary focus of this section is on domestic violence intervention orders. For information on non-domestic abuse situations see Non-domestic intervention orders.
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