This pathway is explained on Home Affairs’ Family violence provisions page and in the Migration Regulations 1994; the eligibility conditions below still apply.
The violence is shown in one of two ways: a court outcome (a protection order made after your former partner could be heard, a conviction, or a Family Law Act injunction), or your own statutory declaration with at least 2 items of evidence of different types, such as a doctor’s report and a letter from a family violence service.
The first step is the Notification of Relationship Cessation form in ImmiAccount; choosing the family violence option removes the visa and sponsorship applications from every ImmiAccount, including your former partner’s.
Home Affairs’ Family violence provisions for partner visa applicants page explains that process. The Department handles your information confidentially. Regulation 1.27 also restricts use of the declarations and expert opinions in other proceedings, with limited exceptions explained below.
Family violence · Sources checked 3 October 2026
Quick exit — Bureau of Meteorology
Family violence and a partner visa: An Australian migration lawyer can check which evidence route fits your situation. The shared enquiry form sends private questions to Australian Migration Lawyers; do not enter sensitive details here.
Evidence-route card
| Route | What counts | The condition that decides it | Rule |
|---|---|---|---|
| Judicial: court order | A state or territory protection order: ADVO, FVIO, DVO, FVRO, intervention order or FVO | Made by a court after your former partner had a chance to be heard; part of the violence happened during the relationship | Migration Regulations 1994, reg 1.23(4)–(5) |
| Judicial: conviction | A conviction or finding of guilt for violence against you | Part of the violence happened during the relationship | Migration Regulations 1994, reg 1.23(6)–(7) |
| Judicial: injunction | A Family Law Act s 114(1)(a)–(c) injunction for married couples | Part of the violence happened during the marriage | Migration Regulations 1994, reg 1.23(2)–(3) |
| Non-judicial | Your statutory declaration + at least 2 items of different types on professional letterhead; or a joint undertaking to a court | If the Department is not satisfied, an independent expert decides; you can comment on a negative opinion | Migration Regulations 1994, regs 1.23(8)–(10), 1.24–1.25; LIN 23/026 |
The Department first checks that the relationship was genuine and continuing before it ended, according to Home Affairs’ Family violence provisions for partner visa applicants page.
What are the family violence provisions?
The family violence provisions are protective rules in Division 1.5 of the Migration Regulations 1994, regs 1.21–1.27, read with grant clauses including 820.221(3)(b)(i) and 801.221(6)(c)(i): they sit in the Regulations, not the Migration Act.
Regulation 1.21 defines “relevant family violence” as actual or threatened conduct towards you, either person’s family unit, or their property, which makes you reasonably fear for, or be apprehensive about, your own wellbeing or safety, so it need not be physical.
Home Affairs’ Family violence provisions for partner visa applicants page says the Department first assesses whether the relationship was genuine and continuing before it ended, then assesses the violence claim, and gives extra time to gather documents.
Who can use the family violence provisions?
Home Affairs’ Family violence provisions page identifies four partner-stream groups:
- 820 applicants and holders, and 801 applicants, before or after the 820 is granted.
- 309 applicants and holders, and 100 applicants who have entered Australia after applying.
- Current Prospective Marriage (300) holders and certain former holders in Australia. A former holder must hold no substantive visa and apply for the 820/801.
- Dependent children applying for subclass 445.
Under the Migration Regulations 1994 partner grant clauses, the sponsoring partner or former sponsor must have committed the violence against you or a dependent child of you, the sponsor, or both.
Prospective Marriage (300) holders since 1 July 2024
The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024, F2024L00751, allow current and certain former 300 holders to apply for the 820/801 through the family violence or child-of-relationship pathways without marrying the sponsor, from 1 July 2024. Former holders cannot use the death-of-sponsor provision.
From 1 July 2026, Schedule 1 item 1124B(2) of the Migration Regulations 1994 sets the standard base 820/801 charge for this pathway at $1,955 for a current 300 holder and $2,475 for an eligible former 300 holder without a substantive visa. Additional applicants and passport-based concessions can change the total.
Judicially determined family violence: orders and convictions
Regulation 1.23(2)–(7) of the Migration Regulations 1994 recognises three judicial forms: a qualifying Family Law Act injunction, a state or territory court protection order, or a conviction or finding of guilt for violence against the victim.
For a protection order, reg 1.23(4) requires a court to have made it after the alleged perpetrator had an opportunity to be heard. A police-issued order is not a court order under that rule. The state table below distinguishes the names.
Home Affairs’ Family violence evidence guidance says interim orders may meet the judicial-evidence threshold in some circumstances. Supply the final order when it is made. Under reg 1.23, at least part of the violence must have occurred during the relationship.
Non-judicial claims: your statutory declaration and two items of evidence
Under regs 1.23(8)–(9), 1.24 and 1.25 of the Migration Regulations 1994, a non-judicial claim can use a joint undertaking to a court, or the statutory-declaration route with specified supporting evidence.
LIN 23/026, made on 30 March 2023, replaced IMMI 12/116 and specifies eight evidence types:
- Medical: evidence from a doctor, registered nurse or midwife.
- Police: police evidence about the violence.
- Child welfare officer: evidence from a child welfare officer.
- Family violence support service: evidence from a relevant support service.
- Social worker: evidence from a social worker.
- Psychologist: evidence from a psychologist.
- Family consultant or family relationship counsellor: evidence from either professional.
- Education professional: evidence from an education professional.
LIN 23/026 requires at least 2 items, each of a different type, in English on professional letterhead, with the professional’s full name, occupation, signature, date, address and phone number.
Home Affairs’ Family violence evidence page says your own Commonwealth statutory declaration is still required for this route, and Form 1410i explains its preparation.
Use a Commonwealth statutory declaration witnessed by an authorised witness. Schedule 1 of the Statutory Declarations Regulations 2023 permits legal practitioners and people in other authorised occupations or categories to witness it; it is not restricted to justices of the peace.
Regulation 1.27 of the Migration Regulations 1994 prevents the declarations and an independent expert’s opinion from being used as evidence in other court or tribunal proceedings. The exceptions are judicial or merits review of the visa refusal, or a prosecution under the Statutory Declarations Act.
The independent expert
For a non-judicial claim, reg 1.23(10) of the Migration Regulations 1994 requires the Department to seek an independent expert’s opinion if it is not satisfied that relevant family violence occurred. It must take that opinion as correct.
Home Affairs’ Family violence provisions for partner visa applicants page explains that you can comment on a negative opinion. A lawyer can check the opinion against your documents and help prepare your response, without predicting the decision.
Telling the Department the relationship has ended
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Notify the relationship ending. Home Affairs’ Family violence provisions for partner visa applicants page directs you to the Notification of Relationship Cessation form in ImmiAccount. If you cannot access ImmiAccount, use the Partner Processing Enquiry Form. The same cessation form is used for any partner visa relationship breakdown, with or without violence.
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Understand the account change. Home Affairs says choosing the family violence option removes the visa and sponsorship applications from every ImmiAccount, including your former sponsor’s.
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Discuss continued access with your representative. Home Affairs offers an appointed representative, including a lawyer acting for you, an option to opt out of removing the visa application. The sponsorship application is always removed. Removal from ImmiAccount is not withdrawal of the visa application.
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Check your current visa. While the application remains undecided during assessment, an onshore 820 applicant’s existing Bridging visa A continues: relationship cessation is not an event that ends it under cl 010.511 of the Migration Regulations 1994. This does not mean every applicant holds a BVA.
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Answer requests within the stated period. For covered invitations in Australia, reg 2.15 provides 28 days for a written invitation or 7 days if given at interview or by phone; detention has a shorter period. A further 7 days may be available for an applicant in Australia who is not detained. Home Affairs asks you to request an extension before the deadline.
A former sponsor cannot themselves bring about partner visa cancellation. They can withdraw sponsorship, but Home Affairs’ sponsor guidance says the Department must put that information to you and let you respond.
Will a DVO affect my partner visa?
Yes, but how depends on whose order it is.
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An order protecting you: under reg 1.23(4) of the Migration Regulations 1994, a court order made after your former partner had an opportunity to be heard can be judicial evidence for your claim, subject to the relationship-timing condition.
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An order against you, the applicant: an order is not itself a conviction and does not, on its own, establish a substantial criminal record under s 501(7) of the Migration Act 1958. However, Home Affairs’ Character requirements page identifies Ministerial Direction 110, under which family violence conduct is considered.
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A sponsor convicted of breaching an order: reg 1.20KC(2) treats an apprehended violence order breach, or a similar offence, as a “relevant offence”. A relevant conviction combined with a significant criminal record bars future sponsorship approval unless approval is considered reasonable under the Regulations.
Protection orders by state
Home Affairs’ Legal help page lists the national order names. The state legislation and legal-aid guidance identify the terms below.
| State or territory | Court protection order | Issued by police (not a court order) | Act | Partner visa help in your city |
|---|---|---|---|---|
| NSW | Apprehended Domestic Violence Order (ADVO) | Provisional AVO | Sydney (NSW) | |
| Victoria | Family violence intervention order (FVIO) | — | Family Violence Protection Act 2008 (Vic) | Melbourne (Vic) |
| Queensland | Domestic violence order (domestic violence protection order) | Police protection notice | Domestic and Family Violence Protection Act 2012 (Qld) | Brisbane (Qld) |
| Western Australia | Family Violence Restraining Order (FVRO) | — | Restraining Orders Act 1997 (WA) | Perth (WA) |
| South Australia | Intervention order (previously a restraining order) | — | Intervention Orders (Prevention of Abuse) Act 2009 (SA) | Adelaide (SA) |
| Tasmania | Family Violence Order (FVO) | Police Family Violence Order (PFVO), usually 12 months | Family Violence Act 2004 (Tas) | No city page |
| ACT | Family Violence Order (FVO) | — | Family Violence Act 2016 (ACT) | No city page |
| Northern Territory | Domestic Violence Order (DVO) | — | Domestic and Family Violence Act 2007 (NT) | No city page |
Home Affairs’ Legal help page says protection orders are nationally recognised.
For the visa’s judicial-evidence route, reg 1.23(4) still requires an order made by a court after the other person had an opportunity to be heard.
A dash does not establish that no police-issued order exists. For example, South Australian guidance confirms that police can issue interim intervention orders, and NSW guidance explains that provisional AVOs may be granted by a court or senior police officer; check who actually made yours.
Common mistakes in family violence claims
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Assuming a 300 holder must marry first. F2024L00751 removed that requirement for the eligible family violence and child pathways from 1 July 2024.
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Treating every police or interim order as judicial evidence. Regulation 1.23(4) requires a qualifying court order and an opportunity to be heard. Home Affairs says interim orders qualify only in some circumstances; supply the final order when made.
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Sending two items of the same type. Two police documents or letters from two doctors do not meet LIN 23/026’s different-type rule.
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Leaving out your own statutory declaration. Home Affairs’ Family violence evidence page still requires it for the two-item route.
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Providing evidence only of violence after separation. Regulation 1.23 requires at least part of the violence to have occurred while the relationship existed.
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Neglecting relationship evidence. Home Affairs first assesses whether the relationship was genuine and continuing before it ended.
Frequently asked questions
Does domestic violence affect immigration status?
Experiencing family violence does not itself disqualify a partner visa applicant. The Migration Regulations 1994 allow eligible applicants to be granted the 820 or permanent 801/100 after separation. Other visa criteria still apply. For someone who commits violence, Home Affairs’ character guidance says Direction 110 takes family violence conduct into account.
Does domestic violence have to be with a partner?
For these partner visa provisions, the perpetrator must be the sponsoring partner or former sponsor. Regulation 1.21 covers conduct towards family-unit members and property; the partner grant clauses also recognise violence experienced by a dependent child.
Can my sponsor cancel my visa if I leave?
No. Your partner cannot cancel your visa. Only the Department can cancel it. Home Affairs says a sponsor can withdraw sponsorship, and you must have a chance to respond.
What if my domestic violence visa claim is refused?
If the refusal is reviewable, Migration Act 1958 s 347 gives 28 days after notification to apply to the Administrative Review Tribunal (ART), or 14 days if detained, with no extension. The 820/801 applicant applies and must be physically in Australia; for a 309 refusal, the applicant applies, not the sponsor.
The ART’s fees guidance sets the fee at $3,727 from 1 July 2026. Regulation 4.13(2A) provides a no-fee exception for eligible secondary applicants; it is not a blanket waiver for partner visa family violence claims.
How long does a family violence claim take?
Home Affairs publishes no separate family violence claim processing time. The claim is assessed within the partner visa application, and Home Affairs gives extra time to gather documents.
A lawyer for a family violence claim
There is no fixed lawyer fee quoted here. Ask for a written scope and estimate covering evidence review, notification and Department responses. Separately, reg 4.13(2A) of the Migration Regulations 1994 provides no ART fee for an eligible secondary applicant refused because their former partner was refused, where the Department accepted family violence by that partner.
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, separate from the Home Affairs visa application charge.
For individual partner visa advice, send an enquiry to an Australian migration lawyer. For the wider pathway, see the Partner Visa Lawyer guide.
Ask an Australian migration lawyer to check when the relationship ended, which regulation 1.23 or LIN 23/026 evidence route applies, and how to notify the Department while using the representative’s option to retain ImmiAccount access to the pending visa application. The lawyer can check eligibility, evidence consistency, missing documents and deadlines; that review does not guarantee a grant.