Family Violence Protection in South Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The Family Law Act 1975 defines family violence broadly. It includes behaviour that coerces or controls a family member or causes them to be fearful (s 4AB). This covers physical assault, sexual abuse, stalking, repeated derogatory taunts, withholding money, preventing contact with family or friends, damaging property, and threatening to harm a pet.
Family violence is a key factor in parenting cases. The court must consider any family violence when deciding the best interests of the child (s 60CC(2)(b)). The presumption of equal shared parental responsibility does not apply if there are reasonable grounds to believe a parent has engaged in family violence or child abuse (s 61DA(2)).
Courts and professionals involved in family law matters have a duty to report child abuse and family violence to state and territory child protection agencies (s 67ZA). The Act also allows the court to make injunctions for personal protection, including orders restraining a person from approaching or contacting another (s 68B).
State and territory family violence intervention orders (AVOs, DVOs) operate alongside federal family law. If there is a conflict, the family law order generally prevails.
When does it apply?
These protections apply when:
- A person in a family relationship (spouse, de facto partner, parent, child, or household member) is experiencing or has experienced family violence.
- Family violence is raised in parenting proceedings — the court must consider it when deciding arrangements for children.
- A party needs urgent protection — the court can make injunctions or interim orders quickly.
- State or territory intervention orders (AVOs, DVOs) interact with federal family law orders.
What to Do If You Are Experiencing Family Violence in Australia
- If you are in immediate danger, call 000 (police/ambulance/fire).
- Contact 1800RESPECT (1800 737 732) — the national family violence and sexual assault helpline, available 24/7.
- Apply for a state or territory intervention order (AVO, DVO) through the local Magistrates Court or police.
- Raise family violence in any family law proceedings — you are required to disclose it, and the court must consider it.
- Document incidents with dates, details, photos, and medical records where possible.
- Seek legal advice — Legal Aid and community legal centres offer free help for family violence matters.
What should you NOT do?
- Don't stay silent about violence — courts need to know about it to protect you and your children.
- Don't make false allegations — this is taken very seriously and can result in adverse findings against you.
- Don't breach an intervention order or injunction — breaching a court order is a criminal offence.
- Don't assume family violence is only physical — emotional, psychological, financial, and coercive control are all covered.
How South Australia differs from federal law
South Australia has a comprehensive family violence protection framework through the Intervention Orders (Prevention of Abuse) Act 2009 (SA), which provides for both domestic violence and non-domestic abuse intervention orders.
- An intervention order can be obtained from the SA Magistrates Court. The order can prohibit the respondent from contacting or approaching the protected person, require the respondent to vacate a shared residence, and impose other conditions such as surrendering firearms.
- SA Police can issue interim intervention orders at the scene of a domestic violence incident, providing immediate protection before a court hearing. Police have a pro-arrest policy for domestic violence offences.
- SA has a Domestic Violence Disclosure Scheme (DVDS) — known as 'the right to ask and the right to know' — which allows individuals to request information from police about whether their partner has a history of domestic violence.
- The Domestic Violence Crisis Line SA (1800 800 098) provides 24/7 support. Women's Safety Services SA operates shelters and support services across the state.
- Breaching an intervention order is a criminal offence in SA, carrying penalties of up to 2 years imprisonment.
Additional Steps in South Australia
Call 000 if in immediate danger. Contact the Domestic Violence Crisis Line SA (1800 800 098) or 1800RESPECT (1800 737 732). Apply for an intervention order at the SA Magistrates Court. Legal help is available from Women's Legal Service SA (wlssa.org.au) and the Legal Services Commission.
Relevant Law: Intervention Orders (Prevention of Abuse) Act 2009 (SA); Criminal Law Consolidation Act 1935 (SA); Family Law Act 1975 (Cth), Part VII (family violence provisions)
Common Questions
When does family violence protection apply?
These protections apply when:A person in a family relationship (spouse, de facto partner, parent, child, or household member) is experiencing or has experienced family violence.Family violence is raised in parenting proceedings — the court must consider it when deciding arrangements for children.A party needs urgent protection — the court can make injunctions or interim orders quickly.State or territory intervention orders (AVOs, DVOs) interact with federal family law orders.
What should I do if I am experiencing family violence in Australia?
If you are in immediate danger, call 000 (police/ambulance/fire).Contact 1800RESPECT (1800 737 732) — the national family violence and sexual assault helpline, available 24/7.Apply for a state or territory intervention order (AVO, DVO) through the local Magistrates Court or police.Raise family violence in any family law proceedings — you are required to disclose it, and the court must consider it.Document incidents with dates, details, photos, and medical records where possible.Seek legal advice — Legal Aid and community legal centres offer free help for family violence matters.
What mistakes should I avoid with family violence protection?
Don't stay silent about violence — courts need to know about it to protect you and your children.Don't make false allegations — this is taken very seriously and can result in adverse findings against you.Don't breach an intervention order or injunction — breaching a court order is a criminal offence.Don't assume family violence is only physical — emotional, psychological, financial, and coercive control are all covered.
Family Violence Protection in other states
Same topic, different jurisdiction. Pick the one that applies to you.