Suing the Police in South Australia
Expert Legal Representation for Police Misconduct Claims
Trusted & Recommended by Clients. Let by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Proven Track Record
We have successfully represented clients in civil claims against police in South Australia, securing justice and compensation for wrongful arrest, police misconduct, false imprisonment, assault, and other violations of rights. Our victories demonstrate our unwavering commitment to protecting our clients' rights and holding police accountable.
Extensive Legal Expertise
Our team of highly experienced lawyers including accredited specialists have in-depth knowledge of civil law and police accountability in South Australia. We expertly navigate the complexities of the legal system to ensure the best possible outcome for our clients.
Personalised Approach
We understand every case involving police misconduct is unique. Our lawyers take the time to understand your situation and tailor a legal strategy to achieve the best possible outcome for you.
No Win, No Fee*
We offer a no win, no fee arrangement for police misconduct claims to ensure you can access top-tier legal representation without financial strain, risks or upfront costs. This means you do not pay legal fees or any costs unless we win your case.
Suing the Police: Cases We Handle
UNLAWFUL ARREST
We represent clients who have been arrested without proper legal grounds. If you were detained by police without reasonable cause or lawful authority, you may be entitled to compensation for the violation of your rights.
FALSE IMPRISONMENT
False imprisonment occurs when police unlawfully detain or restrict your freedom of movement. We help clients seek compensation for being held in custody without legal justification or for longer than lawfully permitted.
ASSAULT & EXCESSIVE FORCE
Police are only permitted to use reasonable force in specific circumstances. We represent victims of police brutality, excessive force, and assault, including cases involving physical violence, tasers, pepper spray, or other weapons.
MALICIOUS PROSECUTION
If you were prosecuted without reasonable grounds or proper cause, you may have a claim for malicious prosecution. We help clients who have suffered harm from baseless criminal charges brought against them.
UNLAWFUL SEARCH & PROPERTY DAMAGE
We handle cases where police have conducted unlawful searches of your person, vehicle, or property, or have damaged your property without lawful authority or compensation.
OTHER POLICE MISCONDUCT
We handle a wide range of claims against police, including wrongful entry, breach of privacy, harassment, discrimination, and other violations of your civil rights.
Protecting Your Rights: How We Can Help
At O’Brien Criminal and Civil Solicitors, we understand the importance of holding police accountable and securing justice for those who have experienced police misconduct. Here are some ways we can help you:
Investigating Claims
We conduct a thorough and meticulous investigation into your case, gathering all available evidence including police records, body-worn camera footage, CCTV recordings, medical reports, and witness statements. Our team analyses every detail to identify breaches of your rights and build the strongest possible foundation for your claim against police.
Strategic Negotiation
Our experienced lawyers engage in strategic negotiations with relevant authorities and their legal representatives to secure fair and just compensation for the harm you have suffered. We work to resolve your claim efficiently while ensuring you receive appropriate damages for your injuries, losses, and the violation of your rights, without the stress and uncertainty of court proceedings.
Litigating in Court Proceedings
When settlement negotiations are unsuccessful or insufficient, we provide expert court representation to fight for your rights. Our skilled litigation team prepares comprehensive cases, presents compelling evidence, and advocates forcefully on your behalf in court proceedings.
We pursue maximum compensation through trial, ensuring police misconduct is held accountable and justice is achieved for you.
We Also Help Clients Sue the Police Across Australia
Our civil litigation lawyers serve clients in all states and territories under no win, no fee terms, ensuring access to justice regardless of location.
Meet Our Legal Team
With extensive experience in civil litigation and police misconduct cases, our dedicated team has represented clients throughout South Australia and across the country.
Led by firm founder and Principal Solicitor, Peter O’Brien, our team provides clear advice and a roadmap to get the best result possible in the most economical way.
Our team at O’Brien Criminal & Civil Solicitors are led by Law Society Accredited Specialists. To become an Accredited Specialist, a practitioner must undergo a structured assessment process demonstrating their competency and expertise in their chosen area of law.
The Police Misconduct Claims Process in SA
1. Free Initial Consultation
If you believe you have a claim against police in South Australia, contact O'Brien Criminal and Civil Solicitors for a free consultation. Our lawyers will assess your situation, explain your legal options, and discuss flexible payment options.
2. Investigating & Building Your Case
Your lawyer will meticulously gather evidence and develop a strategic approach, which may involve negotiating with the opposing party or preparing for court proceedings.
3. Communication & Updates
Your lawyer will keep you informed about the progress of your case, explaining legal processes in clear terms. You'll collaborate with your lawyer to review documents and make key decisions.
4. Pursuing a Resolution
Our lawyers will work tirelessly to achieve the best possible outcome, whether that involves negotiating a settlement, securing compensation, or representing you in court proceedings.
Remember:
Cases involving police misconduct can be complex and seeking expert legal advice is crucial. Our experienced solicitors are here to guide you every step of the way and fight to protect your rights.
What To Do if You’ve Experienced Police Misconduct
If you believe you have been a victim of police misconduct in South Australia, taking the right steps early can strengthen your claim:
- Document Everything
- Record Details: Write down everything you remember about the incident, including the date, time, location, officers involved (names or badge numbers if possible), and any conversations or actions that occurred.
- Collect Evidence: Gather any evidence that supports your claim, such as photographs of injuries, medical records, damaged property, and contact information of any witnesses.
- Preserve Evidence: Keep any clothing worn during the incident, save relevant messages or communications, and request copies of any official documentation.
- Seek Medical Attention
- Get Treatment: Seek medical care for any physical or psychological injuries as soon as possible. Medical records provide important evidence for your claim.
- Document Injuries: Photograph any visible injuries and keep all medical documentation, treatment records, and receipts.
- Seek Legal Advice Immediately
- Consult a Lawyer: Contact our specialist lawyers who will provide an honest assessment of your situation, advise you on your rights, and develop a strategy to pursue your claim.
- Understand Your Options: Your lawyer will explain the legal process, potential compensation, and the steps involved in bringing a claim against police.
- Act Quickly: There are time limits for bringing civil claims, so early legal advice is essential to protect your rights.
General Tips for Suing Police in WA
- Act Quickly
- Timely Action: The sooner you contact a lawyer, the better your chances of building a strong case and protecting your rights. Time limits apply to civil claims against police.
- Evidence Preservation: Swift action helps secure crucial evidence such as CCTV footage, body-worn camera recordings, and witness statements before they are lost or destroyed.
- Know Your Rights
- Right to Compensation: You have the right to seek compensation for harm suffered due to police misconduct, including unlawful arrest, excessive force, and false imprisonment.
- Legal Guidance: Our specialist lawyers will guide you through the legal process, explain your options and potential outcomes, advocate on your behalf, and provide expert representation for your case.
Remember: Don’t face police misconduct alone. Let the legal experts at O’Brien Criminal and Civil Solicitors guide you and fight for justice. We’ll work tirelessly to secure the compensation you deserve. Plus, you can benefit from our no-win, no-fee arrangement, meaning all costs are covered unless we win your case.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Peter O'Brien (with his superb team) has been a phenomenal blessing to me. He believed me, supported me, and undertook extensive detective work and archive research in the preparation of my case culminating in a legal precedent that will be referred to by future court decisions. It has been a stressful 9 years from beginning to end and Peter was steadfast the entire time. Thank you Peter
Absolute best in the business, I had the pleasure of Peter running one of my civil cases and to say he and his team went above and beyond is an understatement, Peter and his team are both professional and friendly, can't thank you guys enough, one would say the Lamborghini of defence.
Used O'Brien solicitors for both my criminal law case which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
I contacted O’Brien Solicitors after an incident involving NSW Police. The matter was based around Police behaviour in a Domestic Violence situation involving myself and members of my family. After hearing the details, Peter agreed to represent us on a no-win no-fee basis. Although potentially extremely stressful, Peter and his team made the whole process a lot easier than I had anticipated. The whole team at O’Brien's were terrific. The matter was settled and we were very happy with the outcome and, as promised, there were no fees payable by us. I couldn’t recommend this firm highly enough.
I first got in touch with O'Brien's after I posted online about my family member's situation. Peter O'Brien messaged me personally and referred me to two amazing lawyers in his firm; Wilson and Sidnie. Outstanding attention to detail and empathy. Legal Aid was available, and the case was handled with a lot of care which led to a very positive outcome. Additional legal support was offered following the outcome, without having to ask. Highly recommended for both criminal and civil matters. Thank you!
They stick up for the little guy. Keep it up!
O'Brien solicitors represented me in very complicated civil proceedings. From day one, I was greatly impressed by the knowledge and professionalism of the entire team at O'Brien solicitors. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
O'Brien Solicitors are a highly capable and professional team who are very generous with their time and are willing to pursue justice against those powers that be. Peter and Sidnie agreed to represent the Refugee Action Coalition at short notice in court to defend the right to protest and prepared an excellent defence. They come up with legal avenues and solutions that many others have missed. Highly recommended. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
Ordinary people standing up against inhumanity, abuses of power and for a better world need to know someone has their back when their own rights are abused. Thank you.
As a victim of police brutality, I was dismayed by the total lack of concern and a refusal to investigate the complaint I made in writing to the NSW Police and NSW Ombudsman. Even before I contacted Peter O'Briens Solicitors, I was encouraged by the information and positive attitude shown on their website. Peter O'Brien and the team at O'Briens Solicitors have been wonderfully helpful and supportive in seeking legal redress through the Courts. I wholeheartedly recommend Peter O'Brien’s Solicitors to anyone who has experienced police misconduct and had their rights trammelled by heavy-handed police officers.
FAQs
What constitutes police misconduct in South Australia?
Police misconduct is any unlawful, criminal, corrupt or inappropriate conduct by a police officer, whether on or off duty. This includes:
- Excessive force or assault
- Wrongful arrest
- False imprisonment
- Malicious prosecution
- Unlawful searches
- Trespass to property
- Abuse of authority
- Breach of duty of care
- Harassment or discrimination
In South Australia, police conduct is governed by the Police Act 1998 (SA) and the Police Complaints and Discipline Act 2016 (SA). Police misconduct covers any actions that violate your legal rights or proper policing standards.
How long do I have to sue the police in South Australia?
Time limits for civil claims in South Australia vary depending on the type of claim:
- Personal injury claims (such as assault or psychological harm): Generally 3 years from the date of the incident
- Other civil claims (such as false imprisonment, trespass, or property damage): Typically 6 years from when the cause of action arose
Courts rarely grant extensions to these strict deadlines, so it's crucial to seek legal advice and act promptly to protect your rights.
Can I sue police if I was charged with a crime?
Yes, absolutely. You can sue South Australia Police for misconduct even if you were charged with a criminal offence. Your civil claim and any criminal proceedings are completely separate legal matters.
Many successful claims involve situations where:
- Charges were later withdrawn or dismissed
- You were found not guilty
- The charges are still ongoing
- You pleaded guilty but police still acted unlawfully
Being charged or convicted doesn't prevent you from seeking compensation for unlawful police conduct such as excessive force or wrongful arrest.
What does "no win, no fee" mean?
"No win, no fee" (also called a conditional costs agreement) means you don't pay legal fees unless your case is successful.
- If you win: Your legal fees are typically deducted from your compensation or paid by the other party
- If you lose: You may still need to pay disbursements (out-of-pocket expenses like medical reports, expert fees, and court filing costs) and potentially the other party's legal costs
It's essential to carefully review your conditional costs agreement with your solicitor to understand what constitutes a "successful outcome" and your financial obligations.
How much compensation can I get for suing police in SA?
Compensation varies significantly depending on the specific circumstances of your case. Factors that affect the amount include:
- Severity and nature of physical injuries
- Psychological harm and trauma
- Loss of income and earning capacity
- Medical and treatment expenses
- Damage to reputation
- Loss of liberty
- Whether the conduct was particularly serious or malicious
Settlements and court awards can range from thousands to hundreds of thousands of dollars depending on the severity of the misconduct and its impact on your life. Your solicitor can assess your specific case's potential value during a consultation.
Will the police officer who wronged me have to pay?
No. In South Australia, you sue the State of South Australia (represented by the Crown Solicitor's Office), not the individual police officer personally.
Any compensation awarded comes from the state government, not the officer's personal funds. This system ensures you can recover compensation regardless of an individual officer's financial circumstances.
However, your claim may trigger:
- Internal police investigations
- Office for Public Integrity (OPI) reviews
- Potential disciplinary proceedings against the officer
Will suing the police affect the officer's job?
Civil claims don't automatically result in disciplinary action or employment consequences for individual officers.
However, your lawsuit may prompt:
- Internal SAPOL reviews
- Office for Public Integrity investigations
- Potential disciplinary proceedings under the Police Complaints and Discipline Act 2016 (SA)
- Professional standards inquiries
While not guaranteed, successful claims can contribute to broader police accountability and may influence employment decisions, though these processes are separate from your civil claim.
What evidence do I need to sue the police in South Australia?
Strong evidence is crucial for a successful claim against police. You should gather:
- Witness statements – your detailed account and statements from others present
- Medical records – documenting all physical and psychological injuries
- Photographs – of injuries, damaged property, or the scene
- Police documents – arrest records, court notices, charge sheets
- Video footage – body-worn camera footage, CCTV, dashcam, or mobile phone recordings
- Audio recordings – if you recorded any interactions
- Financial records – showing lost wages, medical expenses, or other costs
- Correspondence – emails, letters, or messages with police
- Clothing – worn during the incident if damaged or bloodstained
Time-stamped details and contemporaneous notes are vital. Your solicitor will help identify what evidence is needed and obtain official records such as body-worn camera footage through proper legal processes.
How long will my case take in South Australia?
Police misconduct cases in South Australia typically take 12 to 24 months to resolve, though complex matters may take longer.
The timeline depends on:
- Complexity of your case
- Time needed to gather evidence (including obtaining body-worn camera footage and police records)
- The Crown Solicitor's Office response time
- Whether settlement negotiations succeed
- Court listing availability if the matter proceeds to trial
Many cases settle through negotiation before reaching court, which is generally faster and less stressful. Cases that proceed to trial take longer. Your solicitor will provide a realistic timeframe during your initial consultation and keep you regularly informed throughout the process.
Civil Law Case Studies
- Nicole Byrne
- February 16, 2026
When a Newcastle homeowner was charged with murder after defending his family from an
- Nicole Byrne
- February 9, 2026
Army Abuse: Former Army apprentice pursued damages for assault, battery and false imprisonment at
- Nicole Byrne
- February 20, 2026
A man who suffered wrongful imprisonment for nearly a year due to a court’s
- Nicole Byrne
- February 20, 2026
In a troubling case of police error, a domestic violence victim was wrongfully arrested.
- Nicole Byrne
- December 12, 2025
Suing NSW police. When NSW Police officers repeatedly violated a Sydney* woman’s rights, through
- Nicole Byrne
- December 5, 2025
Suing NSW Police for Excessive Force: O’Brien Criminal & Civil Solicitors successfully represented John*
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