Applying for an intervention order in South Australia

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.

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.

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.

Step 1: 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.

Step 2: 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: they aren't notified about this hearing and are legally barred from attending, 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.

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 — in fact, a firearms condition is legally required in every intervention order, with only one narrow exception for the respondent's livelihood.

How long does it last? In South Australia, a final intervention order is permanent by law and cannot include an expiry date.

Need support?

You don't have to navigate this alone. Free legal advice, court support, and safety planning are available in South Australia:

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.

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.