Intervention Orders
What is an intervention order?
Intervention orders, also known as restraining orders, domestic violence orders, or apprehended violence orders (AVO), are orders that are put in place to restrict a particular person’s behaviour or actions. They usually result from an assault, threats, intimidation, or harassment. In South Australia, intervention orders can be issued by the police or the Magistrates Court to prevent an act of abuse or violence.
Types of intervention orders
There are two different types of intervention orders. Click the links below to find out more:
- Police interim intervention orders, or
- Private intervention orders
All intervention orders are covered under the intervention orders (Prevention of Abuse) Act 2009.
Navigating intervention orders
Understanding intervention orders can be a complex and confusing process. It’s important to understand and comply with the restrictions that are put in place by intervention orders and also what steps to take if you have been served with intervention orders.
Whether you’re seeking formal legal representation or would like professional advice on intervention orders our lawyers will help guide you through the process.
Some common questions regarding intervention orders:
Are intervention orders a criminal charge?
An intervention order is not a criminal charge. A person subject to an intervention order will not receive a criminal conviction and it will not appear on their criminal antecedent’s report. An intervention order can appear on certain background checks, police clearances, and working with children checks.
If a person disobeys or breaches the order, however, then they may be charged with a criminal offence and receive a criminal record for the breach.
I have been served with an intervention order. What should I do?
If you have been served either a police intervention order (PIIO) or an intervention order you will have a court date to answer to the intervention order. If you do not attend court, the order may be made final in your absence. It is recommended to seek legal advice early, for the best chance of a favourable outcome.
It is important not to breach the conditions of an intervention order, even in the interim stage. Once served with an intervention order you must obey it and may be charged with a criminal offence if you ignore or breach the conditions. Penalties may apply, including fines and terms of imprisonment.
How long do intervention orders last?
An intervention order is indefinite. They are ongoing orders and will remain in place until removed by the court. You can also consent to certain orders without admission of guilt to finalise intervention orders. If you would like to find out about having an intervention order removed, contact Nathan White Lawyers today for reliable, professional advice.
Police Interim Intervention Order (PIIO)
Police interim intervention orders (PIIO)s are orders that police can issue and serve on an alleged perpetrator and are usually put in place after reports of domestic violence. If police reasonably suspect that a person is likely to abuse or harass another, they can issue a police intervention order to restrict that person’s behaviour.
All intervention orders are interim (temporary) orders until the court either:
- confirms the order
- varies or substitutes the interim order
- revokes the interim order
An intervention order begins once the police personally serve the document to the respondent by hand. If you have received an interim intervention order, it is important to seek legal assistance. The experts at Nathan White Lawyers will represent you in court against the police. We may be able to assist with revoking or withdrawing the order or negotiating the terms of the order. Contact us today.
Private intervention orders (for the protected person)
If the police are unwilling to issue a PIIO (usually due to a lack of evidence), you can apply for a private intervention order. You will be required to provide evidence to support the alleged abuse, threats, intimidation or harassment. This can be in the form of texts, emails, letters, videos, witness statements or any other means of outlining the behaviour and actions of the person you are seeking to be protected from.
Threats and intimidation against you or your family members and physical injuries are the most common reasons private intervention orders are issued. Intervention orders can prevent someone who is harassing, threatening, or abusing you from having any contact with you. Some of the orders may include the following:
- preventing the person from coming to your home or place of work
- preventing the person from attending your children’s school
- preventing the person from contacting you via phone, messages and emails
- preventing the person from following you or keeping you under surveillance
Distances can also be put in place, for example: the person cannot come within 50 or 100 metres of you, your home, or your workplace. If you or someone you know requires an intervention order to keep themselves or their family safe Nathan White Lawyers can help.
For help with all things intervention orders, contact our friendly team today!
Trust Nathan White Lawyers to protect your rights and safety!
When navigating the complexities of intervention orders, choosing Nathan White Lawyers ensures you receive expert legal guidance and tailored support. Our experienced team are dedicated to representing your interests, whether you’re seeking to obtain or contest an intervention order. We understand the intricacies of the law and the emotional impact these situations entail.
With a focus on achieving the best possible outcomes, we help you navigate the court process, negotiate the terms of orders, and ensure your rights are protected. Trust Nathan White Lawyers to provide you with the reliable, professional assistance you need to take control of your safety and well-being through intervention orders.
Let us come to you
- Home Visits Available
- Free First Consultation
- Out-of-Hours Appointments
Secure your safety and peace of mind
Nathan White Lawyers are here to guide you through the legal process of intervention orders with expertise and compassion. Contact us today for your first free consultation.