A member asked over 7 years ago

Home detention with abusive partner

Hi my brother is in a situation where he is currently on home detention and living with his partner. His partner is abusive towards him and is trying to keep us away from him. She has his phone and will not allow us to talk to him. My brother is 25 years old and his partner is 35.
My brother still wants a relationship with us but she will not allow it.
What can we do?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. If your brother is in danger or otherwise subject to domestic violence, he should report it to the police as soon as possible. The police may investigate the matter and, if appropriate, lay charges against his partner.

Your brother can also protect himself by obtaining an intervention order against his partner. An intervention order can be used to stop harassment, threats or abusive behaviour by preventing your brother’s partner from contacting him. He can apply for an intervention order by contacting the police or his local Magistrates Court.

If your brother is experiencing domestic violence or other distressing conditions whilst subject to a home detention order, he should raise the issue with his supervising Community Corrections Officer from the Department of Correctional Services (www.corrections.sa.gov.au). It may be possible to modify the conditions of his home detention.

Suggested way forward

Apart from the above options, there are very few legal solutions available to fix your brother’s relationship with his partner. If you want further information about his legal rights, you should consider contacting a lawyer. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer

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