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SA Criminal Law - Intervention Order Against Boyfriend - What to Do?

Discussion in 'Criminal Law Forum' started by Nadja, 10 January 2016.

  1. Nadja

    Nadja Member

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    Hello, my boyfriend has an interim intervention order that protects me. I am French and really don't understand much of Australian Law. I called the police after an argument with my boyfriend where he assaulted me. I didn't want the police to go any further than to "scare him" so that he understands that even insulting someone is an offence but I didn't want all this happening.

    So, the police took a statement for me, where I actually said a lot of things that are considered as an offence, but it wasn't my intention. I made his case worse, without even wanting any "case" to be opened.

    He went to magistrates court where the interim intervention order has been enforced and I think he had any criminal charges against him but I do not know exactly what this means. The family violence organisation called me and I tried to drop off the charges, but I don't think this paper has been handed over to court yet as they enforced the interim order instead of closing the case.

    I never wanted all this to happen, I know he made a mistake but he is not a criminal. What can I do to help him under Criminal Law? What is the matter exactly and the risks of pleading guilty? If he pleads guilty, does this involves any criminal charges or it will approve the intervention order and that's it? What will happen if he pleads not guilty? Or if he says yes to some of the charges and no to other ones?

    Can please someone explain to me why I can't even talk to him and see if he is fine or if he needs anything? He has no job, no place to stay and I am really afraid of his wellbeing,

    I didn't expect this story to be considered as an assault and a criminal offence, I thought there will be an intervention order to tell him what he can or can't do but not that they will make him go to jail. He has bail condition too, which is what? Looks like to be the same as an intervention order so please help me and give some information.

    Cheers
     
  2. JS79

    JS79 Well-Known Member

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    The intervention order sounds like it is a 'violence restraining order' - where they issue an interim order. You will need to go for a hearing if he wants to defend it. You will then go and give evidence- or in your case if you don't want it anymore you let them know.
    Under a restraining order - even sms'ing you or telephoning you can lead to a breach,
     
  3. Nadja

    Nadja Member

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    It is an interim intervention order (and summons?) for prevention of abuse. But does this involve any criminal charges for assault? Can the police or court decide to give him more than just the intervention order and then charge him for a criminal offence? Or can you only be sentenced for breaching the intervention order?

    Thanks for your replies.
     
  4. AllForHer

    AllForHer Well-Known Member

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    A breach of an AVO is a criminal matter and is therefore conducted by the police. Whether or not he is charged is up to the police, whether or not he goes to jail is up to the court.
     
  5. Emily Rambal

    Emily Rambal Active Member

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    As we know, partner-violence is not generally an opportunistic crime but a continuum, and one which some offenders perpetuate serially in relationships. The principle is that women have “the right to ask” if the man they are in a relationship with poses a threat.

    If you feel you have been a victim of partner violence, please call the police if you are in immediate danger. The Office of the Attorney General does not provide domestic violence counselling and cannot give you legal advice.
     

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