Can Emotional, Financial or Psychological Abuse Count as Family Violence?

What counts as family violence under migration law?

Family violence under migration law is conduct, whether actual or threatened, towards the alleged victim, a family member or property, that causes the alleged victim to reasonably fear for, or be reasonably apprehensive about, their own wellbeing or safety. This is the definition of relevant family violence in regulation 1.21. It focuses on the effect of the conduct on the victim, not on whether there was a physical injury. Our page on partner visa family violence explains how the provisions work.

Can emotional or psychological abuse be family violence?

Emotional or psychological abuse can be family violence where it causes reasonable fear or apprehension about the victim's wellbeing or safety. Examples can include constant humiliation, isolation from friends and family, threats of harm, threats to self-harm to control the victim, and threats to withdraw sponsorship or report the victim to immigration authorities. Departmental policy recognises that coercive control is often the pattern underlying family violence. Our article on the partner visa family violence provisions explains the policy in more detail.

Can financial abuse be family violence?

Financial abuse can be family violence where it causes reasonable fear or apprehension about the victim's wellbeing or safety. Financial abuse may include controlling all money, preventing the victim from working, taking the victim's income, refusing money for food or medicine, or forcing the victim into debt. Departmental policy expressly states that relevant family violence includes financial abuse. Because financial control is often hidden inside a household, evidence such as bank records showing who controlled the accounts, messages refusing money and statements from people who saw the effect on the victim can be important. The claim should explain how the conduct made the victim fear for their wellbeing or safety, not only describe the money arrangements.

How is non-physical abuse proved for a partner visa?

Non-physical abuse is proved for a partner visa either by a court order or court finding, or through a non-judicially determined claim. A non-judicially determined claim needs a statutory declaration from the alleged victim under regulation 1.24, together with at least two prescribed documents of different types, such as reports from doctors, psychologists, family violence services or police. Our article on family violence evidence explains the evidence types, and our article on family violence with no police report explains how claims proceed without police involvement.

Does the relationship need to be genuine for a family violence claim?

The relationship needs to have been genuine for a family violence claim, because the provisions protect people whose genuine relationship ended because of violence, not people whose relationship was never genuine. The violence must also generally have occurred while the relationship existed. The applicant should therefore provide evidence of the relationship as well as evidence of the violence. Our article on family violence after separation explains this requirement.

How does My Migration Lawyers help victims of non-physical family violence?

My Migration Lawyers helps people whose partner visa relationship ended because of emotional, financial or psychological abuse to present that experience within the legal definition, with the right statutory declaration and prescribed evidence. The firm deals with the Department on the client's behalf and keeps communications confidential. People in this situation can read more about our family violence work. Anyone in immediate danger should call 000.