While being served with an intervention order (commonly referred to as a ‘restraining order’) is a civil matter, breaching an intervention order is a criminal offence which carries a maximum penalty of up to $10,000 or imprisonment for 2 years. Therefore, it is imperative that as soon as you are served with an order, you obtain legal advice about your rights and obligations under the order. A person can be served with an intervention order if it is reasonably suspected that they will, without intervention, commit an act of abuse against a person and issuing the order is deemed appropriate in the circumstances.
Under South Australian legislation, an ‘act of abuse’ against a person is defined as an act which results in (or intends to result in) physical injury; or emotional or psychological harm; or an unreasonable and non‑consensual denial of financial, social or personal autonomy; or damage to property in the ownership or possession of the person or used or otherwise enjoyed by the person.
Intervention Orders can result in you being prevented from being on premises (including residential premises), attending specific locations which you may have previously attended regularly, approaching and\or contacting certain people (including your own children in certain circumstances) and many other obligations. Contact Carter & Co Lawyers for expert and experienced advice before acting further.
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