SA courts, police unable to provide domestic violence victim protection

The government has made family violence protection orders free - but this woman was told she’d have to pay $300. Now she fears her ex will track her down and hurt her.

A young woman alleges her former partner is stalking her and previously sexually assaulted her - but was told by police they cannot grant her an intervention order and the courts say one will cost her $300.

The young woman, who is not named to protect her identity while she actively “fears” her ex-boyfriend, attended the Adelaide Magistrates Court on Friday morning when she was alerted to the fee.

The Advertiser witnessed the woman attending the court and requesting the order, only to be told it would cost $300.

The shocking situation comes despite the state government confirming it had waived lodgement fees for private intervention orders and committed almost $200,000 towards it in the latest state budget.

For the young woman, the fee is a cost she either will not be able to pay, or one that will mean she misses out on other living essentials.

“He’s a really scary guy,” she told The Advertiser.

An SA woman has been unable to get an intervention order despite fearing her ex-partner. Picture: iStock

It is understood the man is known to police and has fronted the state’s courts on criminal matters.

The woman said she attended a police station close to her home where she was told they were unable to help her despite her previously alleging he had sexually assaulted her.

A police spokesman confirmed the woman attended the police station “to report some issues with a former partner”.

“From the information provided by her, no offences were disclosed at that time,” he said.

A police intervention order, which can be granted by police, is for matters requiring immediate police action where a suspect is present.

Private intervention orders, which can be applied for at any of the state’s court precincts, are reserved for matters deemed less critical and the order is unable to be immediately served on the suspect.

South Australia last year became the last state in Australia to remove fees for the initial lodgement of private intervention orders.

The woman was told by police to attend the Adelaide Magistrates Court (pictured) to get the order. Picture NCA NewsWire / Emma Brasier

The state government in the last state budget made its first allocation to carrying out the fee removal, setting aside $160,000 over four years “for the removal of the initial lodgement fee for private intervention order applications”.

The Advertiser asked Women and the Prevention of Domestic and Family Violence Minister Katrine Hildyard if she would follow up the case to try and gain protection for the young woman.

A government spokesman responded and said, “this government is a steadfast supporter of measures to better support and empower victim-survivors of domestic and family violence”.

“We can confirm that victim-survivors are no longer required to pay a filing fee when making a private application for an intervention order that involves an allegation of domestic abuse,” he said.

“ (Ms Hildyard) has worked tirelessly to strengthen the safety of women and to deal with perpetrators.”

A spokesman for the Attorney-General’s Department said there were “no fees involved when an application is made for an intervention order involving allegations of domestic abuse”.

When asked if the woman’s situation constituted the need to waive the fees, he said it was a question for the courts.