Intervention Order: Is That It or Can I Change It?

In South Australia, an Intervention Order (IVO) is a Court order that helps protect you and your family if you are a victim of abuse.

A properly worded IVO will not only prohibit a person (the defendant) from behaving in a certain manner towards the protected person(s), but can also order the defendant to comply with certain directions, such as not being allowed to come within, say, 100 metres of the protected person(s). An IVO may be applied for by the person needing protection or by someone on their behalf. For example, a parent may apply for an IVO to protect their child.

Police Intervention Orders

An IVO applicant can be the Police, anyone who has suffered from abuse, or anyone concerned about their safety and well-being, such as a child who may hear or witness abuse.

On 25 November 2017, laws were introduced across Australia to ensure that all domestic violence-related IVOs will be nationally recognised and enforceable. This means the IVO will apply wherever the protected person is in Australia, regardless of which Court issued the order.

The Police can issue an IVO, and it becomes effective as soon as the defendant is notified of the order, without the need for the defendant to attend Court first.

Private & Interim Intervention Orders

If the Police do not grant an IVO or if you don’t require immediate protection, you can apply for a Private IVO in South Australia. Before granting the order, the Court must be satisfied that it is reasonable to suspect the defendant will commit an act of abuse or violence towards the applicant or the nominated protected person(s).

Initially, the Court will usually make an interim IVO. The defendant will then be required to appear in Court (generally within about 8 days of the interim order being made) so the Court can decide whether to confirm (make ongoing) or revoke the order.

A defendant is entitled to challenge the IVO. However, if confirmed, it will remain in place for the period stated in the Order, which could be as short as 12 months or continue for the defendant’s life.

Breach of Intervention Order in South Australia

Whilst the IVO is in place, the defendant must comply with its terms and conditions. Breaching these may result in serious consequences.

In South Australia, it is a criminal offence to breach an IVO. Even if the protected person consents to contact, the defendant may still be in breach. This may result in:

Arrest
Court appearances
Penalties such as imprisonment

Intervention Order Restrictions

The types of actions and activities that can be restricted by an IVO include, but are not limited to:

Not attending your home, workplace, or place of study
Not going to your children’s school
Not contacting you via phone, text, email, or any other form of communication
Not asking someone else to contact you on their behalf
Not following or keeping you under surveillance

An IVO can also require a defendant to do certain things, including:

Attend intervention programs (e.g., anger management)
Not own or possess weapons or firearms

Orders can also be made in relation to:

Tenancy agreements
Problem gambling
Property

How to Appeal or Remove an Intervention Order in South Australia

We are commonly asked whether you can appeal an IVO or have its conditions changed. The short answer is yes, but only in certain circumstances.

You cannot appeal an interim IVO. However, once an order has been made final, the Police or a protected person may apply to the Court to have it removed, varied, or revoked. A defendant can apply to vary or revoke the order during one of the Court hearings, or if already finalised, must wait at least 12 months before applying. Before changing an IVO, the Court must allow the Police, the defendant, and the protected person(s) to be heard.

Common grounds for appeal or variation include:

You were unaware of the hearing and therefore did not attend (e.g., not served with documents)
You were not legally represented at the hearing and now have a solicitor
You disagree with the Magistrates Court’s decision and wish to appeal to the District Court

In some cases, a rehearing in the Magistrates Court may be quicker and more cost-effective than an appeal to a higher court. Once an IVO has been finalised, any formal appeal must be made to the District Court.

To succeed in an appeal, you must be clear on your reasons. Compelling reasons may include:

The protected person supports your application to vary or revoke the IVO
Children have been unnecessarily listed as protected persons, and the IVO restricts them from spending time with you.

Time Limits

If you have been served with an IVO in South Australia and want to appeal or challenge it, you must act quickly. There are strict timeframes for these types of proceedings.

Seek urgent legal advice as soon as possible after an IVO becomes final — missing a deadline may mean you are bound by the IVO for an extended period.

Lodging an Intervention Order Appeal

When you lodge your appeal, you will usually be given a hearing date at the same time as filing. The IVO remains in effect while you wait for your hearing.

You are still bound by the IVO terms until an order is made to vary or revoke it. You must attend every hearing relating to your appeal. If you fail to attend, the Judge may confirm the IVO, and it will remain in place.