Can I Get a Partner Visa If There Is a Domestic Violence Order Against Me?

Does a domestic violence order count as a criminal record?

A domestic violence order does not count as a criminal record, because it is a civil order made to protect a person rather than a conviction for an offence. It can still matter for a partner visa, because the character test allows the Department to consider a person's general conduct as well as their convictions. The facts that led to the order, and whether the order was made by consent or after findings, will be examined. Our article on partner visa intervention orders explains how these orders are assessed.

Do I have to disclose a domestic violence order?

An applicant should disclose a domestic violence order wherever the application forms or the Department ask about court orders or conduct, and should answer every character question accurately. The Department can obtain information from police and courts, and an incomplete answer creates a separate PIC 4020 risk. Disclosure with an explanation and supporting documents is the safer course. Our article on partner visa character requirements explains the questions applicants must answer.

What if the order protects my sponsor?

If the order protects the sponsor, the Department will ask whether the relationship is genuine and continuing and whether the sponsor is safe. A no-contact condition may also be inconsistent with the couple living together, and breaching the order is a criminal offence. Couples in this situation need advice before any evidence of living together is lodged. Our article on partner visa family violence explains how the law protects people who experience violence in a relationship.

What if the order protects a former partner or family member?

If the order protects a former partner or a family member, it is relevant mainly to the character assessment rather than to the current relationship. The Department will consider the circumstances, how long ago they occurred, whether conditions were complied with and what has changed since. Evidence of counselling, behaviour change programs and compliance with the order can be important. Our article on partner visa character refusal explains how adverse character findings are made.

Can the Department refuse my partner visa because of the order?

The Department can refuse a partner visa on character grounds where it is satisfied the applicant does not pass the character test, and conduct involving family violence can lead to that finding without a conviction. Before refusing, the Department generally gives the applicant a notice and an opportunity to respond, and that response is critical. Review rights and time limits depend on how the decision is made. The firm's page on partner visa refusals explains the options after a refusal.

How does My Migration Lawyers act for applicants with a domestic violence order?

My Migration Lawyers reads the order, the application that led to it and any court findings before advising, because the content of the order matters more than its title. The firm advises on disclosure, prepares character submissions supported by independent evidence where they are needed, and is careful never to put the safety of the protected person at risk. Applicants can speak in confidence with our partner visa lawyers.