Who is in control of intervention order proceedings in domestic violence cases? A case study from South Australia

This article examines the legal complexities and barriers experienced by victim-survivors looking to use intervention orders or apprehended violence orders as tools to protect themselves from domestic violence. Drawing on research from South Australia, it highlights the significant role police play when issuing these orders and the subsequent loss of control experienced by some applicants. Using the recent South Australian decision in MT v SE , the article explores the relationship between the intervention orders system and claims of malicious prosecution, and warns of the chilling effect of this decision for those already hesitant to report domestic violence to police.

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Publication Details

Journal
Alternative Law Journal
Published
2025-06-09
DOI
https://doi.org/10.1177/1037969x251347331
Primary Topic
Legal Issues in South Africa
Type
article
Field-Weighted Citation Impact
0.00
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article

Who is in control of intervention order proceedings in domestic violence cases? A case study from South Australia

Sarah Moulds
Alternative Law Journal
Legal Issues in South Africa
article

Who is in control of intervention order proceedings in domestic violence cases? A case study from South Australia

Sarah Moulds
article en

Abstract

This article examines the legal complexities and barriers experienced by victim-survivors looking to use intervention orders or apprehended violence orders as tools to protect themselves from domestic violence. Drawing on research from South Australia, it highlights the significant role police play when issuing these orders and the subsequent loss of control experienced by some applicants. Using the recent South Australian decision in MT v SE , the article explores the relationship between the intervention orders system and claims of malicious prosecution, and warns of the chilling effect of this decision for those already hesitant to report domestic violence to police.

Alternative Law JournalVol. 50(3)
University of South Australia (AU)
Openalex Percentile: Top 79%
Legal Issues in South Africa
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