What options do I have When Suffering Domestic Violence While on Australian Partner Visas

​​​​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: service@noborders-group.com; 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: registered as a medical practitioner and is performing the duties of a medical practitioner, or registered as a nurse within the meaning of section 3 of the Health Insurance Act 1973 and is performing the duties of a registered nurse.	Identifies the alleged victim, and  Details the physical injuries or treatment for mental health that is consistent with the claimed family violence.
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.   a police officer of a State or Territory a police officer of the Australian Federal Police OR A witness statement that is made by someone other than the alleged victim to a police officer during the course of a police investigation.	Identifies the alleged victim, and identifies the alleged perpetrator, and Details an incident/s of family violence.
Report or statutory declaration made by an officer of:   a child welfare authority, or a child protection authority of a State or Territory.	Details fears for the dependent child's safety due to family violence within the household, and Identifies the alleged perpetrator.
Letter or assessment report made by:   a women’s refuge, or family/domestic violence crisis centre on the organisation’s letterhead.	States that the alleged victim has made a claim of family violence, and States whether the alleged victim was subject to family violence, and Identifies the alleged perpetrator, and Details any evidence used to form the opinion.
Statutory declaration made by:   a member of the Australian Association of Social Workers, or a person who is eligible to be a member of that Association who has provided counselling or assistance to the alleged victim while performing the duties of a social worker.	States in their opinion the alleged victim was subject to family violence, and Details the reasons for the opinion, and Identifies the alleged perpetrator.
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.	States in their opinion the alleged victim was subject to family violence, and  Details the reasons for the opinion, and Identifies the alleged perpetrator.
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.	States that the alleged victim has been treated or counselled, by the family consultant or family relationship counsellor, and States that in their opinion the alleged victim was subject to family violence, and Details the reasons for the opinion, and Identifies the alleged perpetrator.
Statutory declaration or a letter on the school’s letterhead made by a school counsellor or school principal in their professional capacity.​	States that they have made, or been made aware of, observations that are consistent with the alleged victim’s claims that they were subject to family violence, and Identifies the alleged perpetrator, and Provides details of those observations.

 

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.

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​​​​​​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: service@noborders-group.com

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: service@noborders-group.com.