SA How to Stop Ex's Harassment After Intervention Order?

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twowrongs

Well-Known Member
15 February 2016
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Hi.

Just wondering...My son has an intervention order on him from his ex-partner. They are only to converse if it's to do with their son's handover.

Over the last few months, the ex has been harassing and provoking my son at his workplace over other matters other than the handover of their son. Is their something my son can do to stop her from this harassment? She is clearly harassing him.

She also says to my son, everything he says, she is recording. Is this legal in SA?

We all know she is provoking him to stir him up, especially when it concerns his son so she can then threaten to go to the police.

Hope you can help
 

Rod

Lawyer
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27 May 2014
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Your son should apply for an intervention order against his ex.

It is illegal to record conversations in SA with an implied or express consent of the other parties. Your son should send an email saying she doesn't have his authority to record any of his conversations.
 

twowrongs

Well-Known Member
15 February 2016
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121
Hi Rod,

Just a couple more questions:

How serious are these intervention orders? Are they really strictly legal in the sense that not coming within 100m of property of each party and not 50m of each person?

Provoking via messaging - would the police listen and or act if my son has the intervention order on him but the ex who put it on does all the above?
 

Rod

Lawyer
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27 May 2014
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Can't say what police will or won't do. Depends on who you get on the day of the report.

Intervention orders are supposed to be taken seriously. Make sure the orders being sought are the orders you want in place.

Provoking does not excuse the breaking of an intervention order, but may mitigate the sentence. It is much better to not break an order. Remember that breaking an order is the breaking of a court order and courts have a dislike of people who don't follow their orders.

BTW, there was a typo in my first post - should have read:

It is illegal to record conversations in SA without an implied or express consent of the other parties.
 

twowrongs

Well-Known Member
15 February 2016
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Hi Rod

Can I ask a question? One of your posts stated for my son to email his ex and state that he doesn't give her authority to record him. Is there a reason for an email as opposed to an SMS?
 

Rod

Lawyer
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Not really these days. In fact I'd probably do both.