National operation of intervention orders
New laws have been introduced across Australia so that all intervention orders (which are domestic violence-related) made on or after this date will be nationally recognised and enforceable. This means, wherever your order is issued, it will apply in all states and territories so that you are protected wherever you may be in Australia.
If you have an intervention order (which is domestic violence-related) issued before 25 November 2017, and you would like it to operate nationally, you can apply to any court to have your order declared. You can read about this process on the South Australia Courts website.
To read more about the national domestic violence order scheme and how it can help keep you safer, go to www.ag.gov.au/ndvos or download the brochure.
If English is not your spoken language you will find information in a number of other languages at on www.ag.gov.au/ndvos.
General information on intervention orders
Intervention orders help to protect you and your family if you are a victim of abuse.
Abuse can include behaviour which:
- physically injures or is intended to injure you or your family members
- causes you emotional or psychological harm
- denies you personal freedom to make financial, social and personal choices
- damages your property.
Intervention orders can prevent someone that is harassing, threatening or abusing you from having contact. This can include:
- not being allowed to come to your home or place of work
- not being permitted to go to your children's school
- not being able to phone you
- not being allowed to send you messages
- not being permitted to follow or keep you under surveillance.
Intervention orders are made to suit you and your situation.
How do I get an intervention order?
Intervention orders can be issued by the police or by a court.
Police interim intervention orders
Intervention orders can be issued by the police when called out to an incident if the need for the order is urgent. The police will:
- assess the risk to you and your children
- ask you to make a statement about what happened and why you need an intervention order.
If you are, and/or your children are, considered to be at risk and the person causing the harm is present the police may:
- issue an intervention order
- serve the order on the other person.
The order begins to work as soon as it is served on the person.
The order will include a summons for the other person to appear in court at a set date and time. At the hearing the Magistrate will either:
- make the order permanent
- vary the conditions of the order
- accept the interim order and postpone the hearing for further consideration and/or information
- cancel the order.
Court issued intervention orders
Applications for court issued intervention orders can be made at a local police station when there has been some behaviour towards you which amounts to a criminal offence, or the threat of such an offence. If there is no criminal behaviour evident, the police may ask you to make a private application to the court, and will assist you to understand that process.
Find your local police station
At the police station we will ask you to make a statement about what has been happening and why you need an intervention order.
Your statement will be sent to the police prosecutor who will make sure that there are sufficient grounds to ask the court for an order.
When it goes to court you will have to go on the day but the police prosecutor will do the talking.
If an intervention order is issued by the court, it will be sent to the police to serve the order on the other person.
The order will not start working until the other person has received the order. You should be told when that has happened. If you wish to query whether the order has been served you can contact your local police station.
Find out more about intervention orders