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.
Authors
- Sarah Moulds (ORCID: https://orcid.org/0000-0003-3246-0987)
Institutions
- University of South Australia (AU)
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