Do I Need a Police Report or Court Order for a Family Violence Claim?

Can I make a family violence claim without a police report?

A family violence claim can be made without a police report, because a police report is only one of several types of evidence the legislative instrument accepts. The non-judicial pathway requires a statutory declaration by the person who experienced the violence and at least two documents from different categories, which can come from doctors, psychologists, family violence support services, school counsellors and other professionals acting in their professional capacity. Our article on family violence claims without a police report explains this pathway.

Do I need a court order for a partner visa family violence claim?

A court order is not needed for a partner visa family violence claim, but a qualifying court order makes the claim judicially determined. Where the applicant provides a Family Law Act injunction, a state or territory protection order of the kind the regulations describe, or a conviction or finding of guilt against the sponsor, the Department must accept that family violence occurred. Our article on intervention orders and partner visas explains which orders qualify.

What is the difference between judicial and non-judicial family violence claims?

The difference between judicial and non-judicial family violence claims is how much the Department can question them. A judicially determined claim must be accepted, and the Department cannot rely on the sponsor's denial. A non-judicially determined claim is assessed by the Department, and if it is not satisfied that family violence occurred, it refers the claim to an independent expert, whose opinion it must accept. Our page on family violence and partner visas sets out both pathways.

What makes non-judicial family violence evidence acceptable?

Non-judicial family violence evidence is acceptable when it is in writing, on the professional's letterhead, signed and dated, and gives the professional's full name, occupation, address and contact details. A letter from a friend or relative who happens to work in a relevant profession is not accepted if written in a personal capacity. The two documents must come from different categories in the instrument, so two medical letters will not meet the requirement. Our article on family violence evidence lists the categories.

Does the family violence have to happen while the relationship existed?

The family violence must have happened, at least in part, while the relationship existed for a partner visa claim to succeed. The Department must also be satisfied that the relationship was genuine before it ended. Violence that began only after separation does not support the claim, although it may be relevant to other matters. Our article on family violence after separation explains how timing is assessed.

How does My Migration Lawyers build a family violence claim without court records?

My Migration Lawyers builds a family violence claim without court records by identifying which professionals the client has already spoken to, such as a general practitioner, counsellor or support service, and requesting letters that meet the instrument's form requirements. The firm drafts the statutory declaration with the client carefully and at the client's pace, and checks that the evidence also proves the relationship was genuine before it ended. Clients can read more in our guide to partner visa family violence before requesting a confidential consultation.