What counts as family violence for an Australian visa claim in 2026?

Updated 2026-10-11 · General information, not migration advice · Run by the Arrivau team

For an Australian visa claim, family violence is not assessed by looking for one particular kind of incident. Under the Family Violence Provisions page published by the Australian Department of Home Affairs, current as at October 2026, the questions are whether you experienced family violence, whether the perpetrator was your former partner or spouse, and whether the violence — or part of it — happened while you were still in that relationship. If you are trying to work out whether what is happening to you "counts", start there rather than with whether there are bruises, a police report, or a court order.

This article is general information about how the published rules work, not an assessment of your situation and not personalised advice; for decisions about your own case, the official pages and a qualified professional are the reference points.

What does the Department actually decide, in its own words?

The Department states plainly that you and your family do not have to stay in a relationship where you fear for your or your family's safety. When a claim is made, the Department first assesses whether the relationship was genuine and ongoing before it ended, and only then assesses the family violence claim itself.

The evidence must show two things: that at least part of the family violence happened while you were in the relationship with your former partner or spouse, and that this person was the alleged perpetrator. Those two requirements do more work in most claims than any description of a single incident, because a relationship can end badly without the conduct meeting the provisions.

The Department describes types of domestic and family violence on a separate page of its website. The visa pages are written differently: they set out what has to be proved and what can prove it, rather than a checklist of behaviours to match yourself against.

Does it have to be physical, or involve the police?

No. The evidence rules show that physical injury is only one route. Medical evidence is one category among several, and the items in it — a medical report, hospital report, discharge summary, letter or statutory declaration — must identify the alleged victim and detail injuries or treatment that may be consistent with family violence.

Other categories do not depend on injury at all. A family violence support service provider, social worker or psychologist can give a report, letter or statutory declaration stating that you made a claim of family violence, giving their professional opinion on whether your claims are consistent with you having been subjected to it, and identifying the alleged perpetrator or giving information from which the identity can reasonably be inferred; a family consultant or family relationship counsellor must instead state that you were treated or counselled by them, and must meet the same professional-opinion and identification requirements. A child welfare officer can detail fears for a dependent child's safety because of family violence within the household. An education professional can give observations consistent with your claims. Police evidence covers reports, records of assault or family violence, risk assessments and witness statements, but police involvement is not the only door in.

Who must the perpetrator be if you hold or applied for a Partner visa?

The perpetrator must be the former sponsor of your visa application. The provisions can lead to a permanent visa if you hold or have applied for a Temporary Partner (subclass 820) visa, hold or have applied for and entered Australia since applying for a Provisional Partner (subclass 309) visa, or hold or previously held a Prospective Marriage (subclass 300) visa.

Two conditions catch people out. For the subclass 300 visa you must be in Australia, and if that visa has ceased you must currently not hold a substantive visa and must have applied for the Partner (subclasses 820 and 801) visa. A dependent child may also be eligible where they are the dependant of a Partner visa-holding parent who applied under the family violence provisions and they have applied for a Dependent Child (subclass 445) visa.

What if you are a secondary applicant rather than the partner?

You may be able to claim if you are a secondary applicant, you are the former partner or spouse of the primary applicant, the perpetrator is the primary applicant, and when the application was made you were either in Australia or entered Australia afterwards. The relevant skilled and business visas include subclasses 132, 186, 187, 189, 190, 191, 192, 858 and 887, and subclass 888. The family visas include subclasses 103, 115, 116, 143, 804, 835, 836 and 864.

There is one important limit. For family visas, the provisions do not apply to violence perpetrated by an Australian sponsor. The Department is explicit that help is still available in that situation and that everyone has a right to a safe environment in Australia regardless of visa status.

What evidence can you use, and how much do you need?

You can give judicial or non-judicial evidence. Judicial evidence is a document from a court of law, and you only need one of: an injunction under the Family Law Act 1975, a court order under a state or territory law, a conviction record for a family violence offence against you or your dependant, or a recorded finding of guilt for such an offence. In some situations an interim order may meet the threshold; if it does not, you can provide it while waiting for a final outcome, and you must supply the final order if one is made.

Non-judicial evidence is either a joint undertaking made before the court, or a minimum of two pieces of evidence. If you give two pieces, you must also complete a Commonwealth statutory declaration form. You can only give one document from each category — a hospital report from a nurse and a statutory declaration from a medical practitioner count as the same category, so you cannot use both.

Every document must be in writing, in English, and in the format and level of detail requested, and it must be made by someone acting in a professional capacity. Other evidence can still be submitted as long as the minimum requirements are met, and the decision maker may consider it as part of a whole assessment. The Department also gives more time to submit documents where gathering them is difficult or delayed for reasons outside your control.

What happens after you make the claim?

The published process runs in three stages, and the first one exists mainly for your safety.

The published process asks applicants to tell the Department that the relationship has ended, using the Notification of Relationship Cessation form in the Update Details tab in ImmiAccount.
The Department states that the family violence option on that form must be chosen if it applies, because the application is only automatically removed on that basis.
The Department states that the children of the relationship option should also be chosen if it applies.
The Department advises creating a new ImmiAccount afterwards, using an email address your former sponsor cannot access.
The Department then contacts the applicant to transfer the application into the new ImmiAccount.
The Department requests relationship evidence as part of the process, since the relationship is assessed first.
The Department asks for family violence evidence once the relationship has been assessed as genuine.

After that, the Department may ask for more information, including a health exam or character documents such as an Australian or overseas police certificate. If the Department is not satisfied that family violence occurred, it refers you to an independent expert, tells you it has done so, and the expert arranges an interview. The Department must accept the independent expert's opinion; if that opinion is that family violence did not occur, you are given the chance to comment on it.

On the privacy side, once you submit the notification form, your Partner visa application and the sponsorship application are automatically removed from all ImmiAccounts, including your former sponsor's or migration agent's account. If you do not have ImmiAccount access, the Partner processing enquiry form is the alternative route, and for secondary applicants there is a separate Notification of family violence form.

Where can you get help, and what should you know first?

Support is available regardless of your visa status. Organisations listed by the Department can help with counselling and advice as well as housing, finances, food, medical needs and legal matters. If you are outside Australia, the United Nations High Commissioner for Refugees site lists local support groups, and if you need identity documents from your own government, the Department of Foreign Affairs and Trade lists foreign embassies and consulates in Australia.

Two practical cautions come from the Department itself. Most helplines are free from a landline, payphone and most mobile phones, but the number will still appear on your phone bill, so anyone who sees the bill can see that you called. The Department also recommends private browsing mode, or clearing your browsing history afterwards, and points to the eSafety Commissioner's online safety checklist.

For anyone in immediate danger, the Department's guidance is to call emergency services on 000 where someone is injured and needs urgent medical attention or a life is threatened. Some 24-hour lines listed for specific states and territories include the Domestic Violence Line in New South Wales on 1800 656 463, Safe Steps Family Violence Response Centre in Victoria on 1800 015 188, DV Connect in Queensland on 1800 811 811, and the Women's Domestic Violence Helpline in Western Australia on 1800 007 339.

Frequently Asked Questions

Does family violence have to leave visible injuries to count for a visa claim?

No. Medical evidence is one category, but the Department also accepts professional opinions from psychologists, social workers, family violence support services and family consultants, observations from education professionals, and child welfare evidence about fears for a dependent child's safety in the household.

Do I need a court order or a police report?

Neither is mandatory. Judicial evidence is one option, and non-judicial evidence is the other: either a joint undertaking made before the court, or at least two pieces of evidence from the listed categories plus a Commonwealth statutory declaration.

What if the behaviour happened after we separated?

At least part of the family violence must have happened while you were in the relationship with your former partner or spouse. Conduct that began only after the relationship ended does not satisfy the timing requirement on its own.

Will my former partner be able to see my claim?

The published process removes the Partner visa application and the sponsorship application from all ImmiAccounts once the relationship cessation form is submitted with the family violence option selected, and the Department recommends a new ImmiAccount under an email address your former sponsor cannot access.

What happens if the Department does not believe my claim?

You are referred to an independent expert who interviews you and gives an opinion. The Department must accept that opinion, and if it is unfavourable you are given the opportunity to comment on it before a decision is made.

I am on a family visa and my Australian sponsor was the perpetrator. Do the provisions apply?

No, the provisions do not apply to violence perpetrated by an Australian sponsor in family visa cases. The Department states that help is still available and that the right to a safe environment does not depend on visa status.

Can I still get help if my visa has ceased or I am unlawful?

Yes. The Department's position is that support is available regardless of visa status, and that the right to a safe environment in Australia does not depend on whether you currently hold a visa.