When you feel unsafe, the legal system can feel like an intimidating maze of forms and courtrooms. South Australia's intervention order system is built to prioritise your safety. Here's a clear, step-by-step guide to how intervention orders work in SA, how to apply, and what to expect from the court process.
- An Intervention Order (IO) is a civil court order designed to protect you from abuse, violence, or harassment. Breaching its conditions is a serious criminal offence.
- There are two pathways: ask the police to issue an order on your behalf (recommended), or file a private application yourself through the CourtSA portal.
- It's free — there are no court filing fees for private intervention order applications involving domestic or family violence.
- An interim (temporary) order takes legal effect the moment it's personally served on the defendant.
- A final intervention order in South Australia is ongoing and permanent by law — it cannot include an expiry date, and only stops applying if a Magistrate actively revokes it.
What counts as "abuse"?
Under SA law, an intervention order can be issued if there's a reasonable suspicion that a person (the defendant) will commit an act of abuse against you. The law defines abuse broadly — it isn't limited to physical violence. It includes:
- Physical or sexual abuse — assault, threats, or forced sexual behaviour.
- Emotional or psychological abuse — constant belittling, stalking, or harassing messages via phone or social media.
- Coercive control — dominating your daily life, monitoring your location, or restricting who you can see or what you wear.
- Economic abuse — controlling your money or withholding financial support.
- Property damage — purposely breaking your belongings or harming family pets.
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Pathway 1: the police application (first and safest option)
If you're experiencing domestic violence or fear for your safety, your first step should always be to contact the police (131 444, or 000 in an emergency).
Police have the power to issue an Interim Intervention Order on the spot if they believe you need immediate protection.
Immediate effect
Once police personally serve the paperwork on the defendant, the order is active.
They do the heavy lifting
A police prosecutor handles the court hearings and presents the case on your behalf.
No court appearance required initially — in most police applications, you won't need to attend the initial hearing; police present your signed statement and evidence for you.
Pathway 2: the private application (if police can't assist)
If police are unable to act, or you'd rather proceed independently, you can apply directly to the Magistrates Court.
File on CourtSA
You'll need Form 1O (Originating Application), Form 1OS (your proposed conditions — e.g. restraining them from coming within a specified distance of your home), and Form 7B (an affidavit — a sworn written statement outlining the specific incidents, dates, and details of the abuse). There's no filing fee if your application alleges domestic or family violence.
The preliminary hearing
The court schedules this quickly once your application is lodged. You must attend, because this is a private application — you go to court to give brief, sworn evidence to a Magistrate. The defendant is not there. Under s.21(1) the preliminary hearing proceeds without summoning the defendant to appear, and they have no right to attend it — so you can speak freely. If the Magistrate agrees you need protection, they'll issue an interim order.
What happens after an interim order is made?
An interim order is a temporary safety net while the full process plays out.
Service
Police must locate the defendant and personally hand them the interim order. It has no legal power until they're served.
The summons
When served, the defendant also receives a summons directing them to a formal court hearing, usually within a week or two.
The first court hearing
If the defendant doesn't attend after being served, the court can make the order final on the spot. If they attend and consent, it becomes a final, permanent order. If they dispute it, the Magistrate sets a schedule — possibly free court-appointed mediation if safe and appropriate, or a fast-tracked trial.
Conditions and duration
What can an order restrict? Common conditions stop the defendant from coming near, following, or stalking you; contacting you by phone, email, social media, or through third parties; approaching your home, workplace, or your children's school; or possessing a firearm or other weapons. Firearms terms are required in every intervention order by s.14(1) — surrender of firearms and suspension of any licence. The only exception is s.14(2): a court need not include them in a final order if satisfied the defendant has never been guilty of violent or intimidatory conduct.
In South Australia a final intervention order is ongoing. Under s.11(1) it continues in force until it is revoked, and s.11(2) means a court cannot fix a date for it to expire.
Protected person
If you feel safe and want to change or cancel the order, you can apply to the court at any time.
Defendant
Must wait a minimum of 12 months before applying to vary or revoke (s.15(2)), and the court may dismiss the application if not satisfied there has been a substantial change in the relevant circumstances (s.26(4)).
If you're renting, an intervention order changes your housing rights too
Housing is often the hardest part of leaving. In South Australia, an intervention order unlocks a set of tenancy rights that most people never hear about — and several of them can be used without the other person's agreement, and without going to court first.
You can change the locks
Where an intervention order is in force and you're a person it protects, you're entitled to alter the locks. You don't need the landlord's permission first.
It doesn't cost anything
SACAT waives its fee in full for an application to end a tenancy on the basis of domestic abuse.
You can end the tenancy yourself
Where an intervention order is in force against a prescribed person for your protection — or the protection of someone you live with — you can end the tenancy by giving written notice with the prescribed evidence attached. The termination date can be the same day you give the notice, and it works even part-way through a fixed term. You are not asking permission and you are not applying to a tribunal.
What you hand over is protected by law
Anyone who receives that evidence must store and dispose of it securely, and must not use or pass it on except with your consent, to refer it to police or child protection, or where it's reasonably necessary to protect their own lawful interests. Each of those is an offence carrying a maximum penalty of $50,000. A landlord or agent circulating your evidence around an office is not lawful.
If you've been given notice to leave — you have 30 days
Where a landlord has given you a notice of termination on a prescribed ground, SACAT can declare that notice invalid if you or someone you live with has been subjected to domestic abuse and the reason for the notice was caused by an act of the person who abused you. The application has to be made within 30 days after the notice was given. That deadline is strict, so it's worth getting advice quickly rather than waiting to see what happens.
The lease can be put in your name instead
SACAT can end an agreement on the ground of domestic abuse, or replace it with a new agreement for the rest of the term in the name of a co-tenant or someone who normally lives there. It can also confine liability for damage to the co-tenant responsible for it, and split the bond accordingly — so you aren't carrying the cost of damage you didn't cause.
A separate restraining order can be made about the tenancy
As a tenant, you can apply to SACAT for a restraining order against a co-tenant or their visitor where there's a risk of serious damage, personal injury, or — if they're a domestic associate or former domestic associate — an act of domestic abuse. That application can be made without notice to the person it's sought against. This sits alongside an intervention order; it doesn't replace one.
Leaving, changing locks, or serving notice can change the level of risk you're in, sometimes sharply. Safety planning comes first — the services below do it free, and they do it every day. RentRight SA on 1800 060 462 gives free tenancy advice and can talk through the housing side with you specifically.
Need support?
You don't have to navigate this alone. Free legal advice, court support, and safety planning are available in South Australia:
- In an emergency: 000
- Police (non-urgent): 131 444
- Domestic Violence Crisis Line (24 hours): 1800 800 098
- Women's Domestic Violence Court Assistance Service (WDVCAS): 1800 246 642 (Mon–Fri, 9am–5pm)
- 1800RESPECT: 1800 737 732 (24/7 national counselling service)
- RentRight SA (free tenancy advice): 1800 060 462
- Legal Services Commission of SA Helpline: 1300 366 424
The bottom line: If you're in danger, call the police first — they can act immediately and carry the process for you. If you need to apply yourself, South Australia's system is built so you can do it without a lawyer, the defendant can't block or delay the preliminary hearing, and once an order is made, it protects you permanently unless a court decides otherwise.
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This guide provides general informational guidance on South Australian law. It does not constitute formal legal advice. If you are experiencing domestic violence, please contact the police or a professional support service immediately.