Domestic and family violence is not acceptable under any circumstance and is a crime in Australia.
Domestic and family violence is any conduct that makes you fear for your or your family’s safety and wellbeing. It may be directed at you, your family, pets or property.
You and your family do not have to remain in a relationship where you fear for your or your family’s safety to stay in Australia.
Domestic and family violence can include:
- physical violence
- sexual assault
- verbal or emotional abuse
- controlling behaviour
- stalking
- technology facilitated abuse
- financial abuse
- abuse of the elderly
- forced isolation or economic deprivation, including dowry-related abuse.
Getting a protection order as Partner Visa holders
If you are experiencing domestic and family violence you can apply for a protection order.
Each State and Territory will have specific laws for the making of protection orders. Protection orders made in a specific State or Territory are nationally recognised.
The type of protection order you apply for depends on which State and Territory you are in and may be called a Domestic Violence Order, Family Violence Order, Restraint Order, Personal Protection Order, Intervention Order, Apprehended Violence Order or Family Violence Intervention Order.
Remember in an emergency or life threatening situation, call the police on 000.
If you are not in a life-threatening emergency, you can ask the police or your local court about getting a protection order to protect yourself and your family.
Domestic and family violence service providers in Australia
There are many national and state and territory support services available.
National support services
For professional counselling and support, contact the National Sexual Assault, Domestic and Family Violence Counselling Service. The service is available all day every day:
- Website:1800RESPECT
- Phone: 1800RESPECT (1800 737 732)
For other counselling and support services, contact Lifeline.
- Website:Lifeline
- Phone: 13 11 44
For legal information and assistance, see Family Violence Law Help.
- Website:Family Violence Law Help
- Phone: 1800 737 732 (24 hours, 7 days)
For free interpreter services, see the Translating and Interpreting Service (TIS National).
- Website:Translating and Interpreting Service (TIS National)
- Phone: 131 450 (24 hours, 7 days)
For information on Australia’s laws regarding family and domestic violence, sexual assault and forced marriage, and a woman’s right to safety, see the Department of Social Services’ Family Safety Pack.
State and territory support services
Australian Capital Territory
Domestic Violence Crisis Service (24 hours, 7 days)
- Website: Domestic Violence Crisis Service
- Phone: (02) 6280 0900
New South Wales
Domestic Violence Line
- Website: Domestic Violence Line
- Phone: 1800 656 463
Northern Territory
Darwin Sexual Assault Referral Centre (24 hours, 7 days)
- Website: Darwin Sexual Assault Referral Centre
- Phone: (08) 8922 6472
Darwin Domestic Violence Counselling Service
- Website: Darwin Domestic Violence Counselling Service
- Phone: (08) 8945 1388
Alice Springs – Women’s Shelter
- Website: Alice Springs – Women’s Shelter
- Phone: (08) 8952 6075
Queensland
Brisbane Domestic Violence Advocacy Service
- Website: Brisbane Domestic Violence Advocacy Service
- Phone: (07) 3217 2544
DV Connect
- Website: DV Connect
- Phone: 1800 811 811
South Australia
Domestic Violence Crisis Service (24 hours, 7 days)
- Phone: 1300 782 200
Domestic Violence Helpline (24 hours, 7 days)
- Phone: 1800 800 098
Tasmania
Family Violence Referral Line (24 hours, 7 days)
- Website: Family Violence Referral Line
- Phone: phone 1800 633 937
Victoria
Magistrates’ Court of Victoria – Family Violence
- Website: Magistrates’ Court of Victoria – Family Violence
Safe Steps Family Violence Response Centre
- Phone: 1800 015 188
Sexual Assault Crisis Line
- Phone: 1800 806 292
The Men’s Referral service
- Website: No to violence
- Phone: 1300 766 491
Western Australia
Women’s DV Helpline (24 hours, 7 days)
- Website: Women’s DV Helpline
- Phone: (08) 9223 1188 or 1800 007 339
Men’s DV Helpline (24 hours, 7 days)
- Website: Men’s DV Helpline
- Phone: (08) 9223 1199 or 1800 000 599
How No Borders Law Group can assist with partner visa application when you are victims of domestic and family violence
The Australian Government has zero tolerance for domestic and family violence against anyone, including permanent or temporary visa holders.
Talk to No Borders Law Group, and we will liaise on your behalf with the Department of Home Affairs to support victims of domestic and family violence and to regularise a person’s visa status while you remain in Australia.
We cannot help you in an emergency. If you or someone you know is in danger call the police on 000. Police in Australia are safe and can be trusted.
The Department of Home Affairs does not encourage visa applicants to remain in violent or dangerous relationships for a visa outcome under any circumstance.
NO BORDERS LAW GROUP Email: [email protected]; Tel: +61 (07) 3876 4000
Will Partner visa holders lose visas?
Visa holders experiencing domestic and family violence will not have their visa cancelled if their relationship breaks down because of domestic and family violence.
Only the Minister or a delegated officer has the power to refuse or cancel a person’s visa.
A perpetrator of domestic and family violence cannot cancel your visa.
If you have experienced domestic and family violence you can apply for consideration under the special provisions relating to family violence under the Migration Regulations 1994.
You may be eligible for a visa if the following apply to you:
- you have married your spouse while the holder of a Prospective Marriage visa (subclass 300) and applied for a Partner visa (subclass 820/801)
- you are awaiting the outcome of your application for a temporary Partner visa (subclass 820)
- you have been granted a temporary Partner visa (subclass 820)
- you have entered Australia as the holder of a provisional Partner visa (subclass 309)
- you or your family members have experienced domestic and family violence
- your relationship has ended.
To be considered under the family violence provisions, you must show evidence that:
- if you hold or held a Prospective Marriage visa, you would have continued to be your sponsor’s spouse but your relationship has broken down
- for Partner visas, you would have continued to be your sponsor’s de facto partner or spouse but your relationship has broken down
- domestic and family violence directed at you, your family members, the alleged perpetrator’s family members, or your or the alleged perpetrator’s property took place in your relationship.
You can do this with different kinds of evidence. No Borders Law Group will help you along the process.
Evidentiary requirements for partner visa holders suffering from Domestic Violence
Court documents
Provide one of the following from a court of law:
- a court injunction under the Family Law Act 1975 against your partner
- a court order against your partner made under a State or Territory law
- a record that the court has convicted your partner of a family violence offence against you or your dependant(s)
- a record that the court has recorded a finding of guilt against your partner of family violence offences against you or your dependant(s).
Statutory declarations and official documents
If you cannot provide a document from a court of law or a joint undertaking, complete Form 1410 – Statutory declaration for family violence claim.
If the victim is a dependent child, complete the declaration for them.
Visa applicants/holders will need to provide two of the following documents with the statutory declaration.
| Type of evidence | Includes the following details |
|---|---|
Medical report, hospital report, discharge summary or statutory declaration that is made by either a person who is:
|
|
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Either a report, record of assault, witness statement or statutory declaration that is made by: A witness statement that is made by someone other than the alleged victim to a police officer during the course of a police investigation.
|
|
| Report or statutory declaration made by an officer of:
|
|
| Letter or assessment report made by:
on the organisation’s letterhead. |
|
| Statutory declaration made by:
who has provided counselling or assistance to the alleged victim while performing the duties of a social worker. |
|
| Statutory declaration made by a registered psychologist in a State or Territory who has treated the alleged victim while performing the duties of a psychologist. |
|
| Statutory declaration made by a family consultant appointed under the Family Law Act 1975 or a family relationship counsellor who works at a Family Relationship Centre listed on the Australian Government Family Relationships website. |
|
| Statutory declaration or a letter on the school’s letterhead made by a school counsellor or school principal in their professional capacity. |
|
Upon the application, No Borders Law Group will include all necessary information for the Department of Home affairs to refer to these documents when considering Partner Visa application under the family violence provisions.
*The Department of Home Affairs might refer the evidence to an independent expert for assessment.
Our lawyers have extensive experience in Australian Partner Visa applications with Domestic and Family Violence situations and will support temporary visa holders experiencing domestic and family violence to regularise your visa status while you remain in Australia.
Need help with getting Australian Visas or Visa Appealing?
NO BORDERS LAW GROUP: #1 TRUSTED MIGRATION LAWYERS
Email: [email protected]
Tel: +61 (07) 3876 4000
Consultation: https://www.noborders-group.com/form/free-consultation
We will help you by exploring visa options and securing applications. We will assess the eligibility of the application for a partner visa, and provide you with detailed advice on your chances of success. If you would like to discuss your visa options and evaluate the pathway to permanent residency, please make an enquiry or book a consultation to get expert advice with one of our knowledgeable and experienced Migration Agents/Lawyers on 07 3876 4000 or email: [email protected].