Family violence and immigration

What is ‘family violence’ under the family violence provisions?

Family violence is when another family member (like a partner) uses behaviour that makes you fearful, makes you do things you don’t want to, or is used to control you.

Some examples of family violence are:

• physical violence,
• sexual assault,
• damaging or destroying property,
• controlling money and your access to money
• social isolation,
• repeatedly calling you names, insulting you or criticising you,
• following you, asking others to follow you, or tracking your locations,
• injuring a family pet,
• any threatening, emotional, psychological, financial physical abuse in connection with demanding or receiving dowry, whether before or after any marriage,
• distributing intimate images of you without your consent, and
• threats to do any of the above.

Family violence is not just physical abuse or harm. Some other examples of family violence include psychological abuse or harm, forced sexual relations, forced isolation, controlling money and dowry-related abuse.

When do the family violence provisions apply?

The family violence provisions apply if you or a family member have experienced family violence, your relationship has ended, and the visa you have been granted or visa you are applying for is dependent on your relationship with your ex-partner.

When may your visa be dependent on your relationship with your ex-partner?

Some examples of when your application for permanent residency may be dependent on your ex-partner are if you:

• married your partner while on a Prospective Marriage visa and you have applied for a Partner visa,
• are on a temporary partner visa
• are waiting to hear the outcome of your application for a temporary Partner visa, or
• have entered Australia on a temporary Partner visa.

You will need to provide the Department of Home Affairs with evidence that there has been family violence.

More information about when the family violence rules apply is available on the Department of Home Affairs website.

What evidence of family violence do I need to provide?

You can give the Department of Home Affairs a copy of:

• a Family Violence Restraining Order made against your ex- partner protecting you or a member of your family,
• evidence that your ex-partner was found guilty of physical violence against you or your children, or
• a Family Court injunction against your ex-partner that is about family violence.

If you do not have any of the above evidence, you will need to prove that you have experienced family violence in another way.

The most common way to do this is by completing a special form called a statutory declaration. You will need at least two documents from professional people to support your statutory declaration. For example, a medical report or a witness statement made to the police.

You can find a complete list of the different types of documents and the details which must be provided in each of the documents on the Department of Home Affairs website.

Will I be interviewed for my application?

If you have not provided evidence from a court of the family violence, the Department of Home Affairs may ask for an independent expert to assess your case. The expert has special experience in situations of family violence and is not part of the Department of Home Affairs. The expert may need to meet with you. They will make a recommendation  about whether your evidence of family violence should be accepted. The Department of Home Affairs must follow that recommendation.

More information

You can find more information about the family violence provisions and visas on the Department of Home Affairs website, including:

• information about if your relationship has changed
• a fact sheet Information for visa holders experiencing domestic and family violence in Australia

Reviewed: 9 January 2026