While obtaining an intervention order is a civil matter, it is a criminal offence to breach or contravene an order. The maximum penalty is imprisonment for 3 years for a basic offence and 5 years for an aggravated offence [Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 31(2)]. These penalties increase where there are multiple contraventions or contraventions involving the threat of or actual physical violence [s 31(2aa)].

The police may arrest someone whom they suspect has contravened an order [s 36]. From 1 October 2024, a grant of bail to an applicant charged with an offence against s 31(2aa)(b) of the Intervention Orders (Prevention of Abuse) Act 2009 (SA) (a breach of a recognised domestic violence intervention order involving physical violence or a threat of physical violence) must include conditions requiring home detention and electronic monitoring [s 11(2ae)]. This applies to all bail applications where the alleged offending is committed on or after 1 October 2024. A grant of bail in such circumstances is uncommon as there is a presumption against bail for applicants charged with violent breaches of intervention orders - see Presumption of bail.

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 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 respondent [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 respondent about their 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 respondent 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.

In an emergency: 000

For police attendance: 131 444

Domestic Violence Crisis Line: 1800 800 098

1800 RESPECT: 1800 737 732