Open to abuse: Alarming rise in breaches of intervention orders

ABUSERS are breaching conditions meant to protect their victims more than 40 times a week, alarming figures show. See the shocking statistics

The figures come in the wake of the killing of Adeline Yvette Rigney-Wilson. Source: Facebook

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ABUSERS are breaching conditions meant to protect their victims more than 40 times a week, alarming figures show.

The number of intervention orders lodged each year — usually to protect women and children victims of domestic violence — and the number of breaches have risen steadily since new laws in 2012.

Victims warn that many offenders disrespect the orders and authorities do not take breaches seriously enough.

The rise indicates growing public awareness of the social scourge.

Data released to The Advertiser by the Courts Administration Authority under Freedom of Information laws shows 780 people breached an intervention order at least once in the seven months to the end of March. One of those offenders committed 11 breaches.

Overall, there were at least 1187 breaches recorded, or more than 42 a week. That is up from almost 32 a week in 2012-13 and 40 a week in 2013-14. The rate of breaches was estimated to be almost 48 a week in 2014-15.

Former status of women minister Gail Gago is calling for a “comprehensive” review of how SA Police respond to reports of breaches after hearing victims’ concerns through a parliamentary inquiry.

Victims and frontline workers warn the official figures would be just the tip of the iceberg because they do not include breaches that are dismissed, withdrawn or never reach the point of charges being laid. Many victims also do not bother to report breaches because they do not believe authorities will act.

Ms Gago said police had good policies in place but “there is evidence that not all officers are implementing it”.

“It is a crime to breach an order of the court,” she said.

The figures come in the wake of the killing of Adeline Yvette Rigney-Wilson, 29, and her children Corey, 5, and Amber, 6, a week ago.

Her partner Steven Graham Peet, 30, has been charged with their murders.

In a report released earlier this year, Parliament’s Social Development Committee, led by Ms Gago, called for the Police Commissioner to ensure officers enforced breaches “systematically” in line with their policy.

Commissioner Grant Stevens said the police response had improved since a coronial inquest into the 2010 death of Zahra Abrahimzadeh, who was murdered by her estranged husband.

He was subject to an intervention order.

Mr Stevens said police were “continually reviewing the level of service we provide”.

“There will be occasions when it might be the case that more could be done,” he said.

Arman Abrahimzadeh, Zahra’s son, said it took courage to go through the process of obtaining a protection order and victims relied on authorities to enforce them properly.

“The piece of paper is not bulletproof, it isn’t some sort of a magic cloak that’s going to make you invisible (to an abuser),” he said.

Mr Abrahimzadeh urged officers to try to “really understand and appreciate the situation” family violence victims faced.

Attorney-General John Rau said the rise in reported breaches could be a result of increased awareness or enforcement.

“There’s no question that this is completely unacceptable behaviour and there’s too much of it going on,” he said.

Mr Rau said it was “appropriate” for the courts to impose penalties based on the specifics of each case.

“Not every breach is of the same scale,” he said.

The Government last year introduced legislation to Parliament to further tighten laws to crack down on breaches.

It is preparing to release a discussion paper within weeks proposing new policies to address domestic violence.

Conditions of intervention orders most commonly prevent someone from assaulting, harassing, intimidating or following a victim, damaging their property or going to their home or workplace.

A breach could range from texting or calling a protected person or showing up at a child’s school, to breaking down a front door or strangling an ex-partner.

Failing to attend a court-ordered rehabilitation program also constitutes a breach.

The maximum penalty is two years’ jail.

Other options include fines, bonds, suspended sentences or time served.

A person would also face separate charges for the offence itself, such as assault or property damage.

Centacare Catholic Family Services Limestone Coast domestic violence service manager Susie Smith said police took breaches seriously but there were not enough family violence investigation officers to meet the needs of the region.

“These women who have not been able to get a service when they have had the courage to seek assistance will go back to the violent situation,” she said. Central Domestic Violence Service executive director Maria Hagias said she had noticed “consistent improvement in police responses”.

Ms Hagias gave an example of a woman who was harassed by text message.

The police response “reinforced the behaviour as criminal and that the responsibility sat solely with the perpetrator”, she said.

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System breakdown

The number of times a defendant has breached a condition of an intervention order

September 2015 to March 2016:

Number of breaches / Number of defendants

1 breach / 559 defendants

2 breaches / 250 defendants

3 breaches / 156 defendants

4 breaches / 80 defendants

5 breaches / 35 defendants

6-10 breaches / 16 defendants

11-20 breaches / 1 defendant

Source: Courts Administration Authority