Domestic and family violence and your visa Family violence evidence

​​​​​​​​​​​​​Family violence evidence

Once we have assessed that your relationship was genuine, we will assess your family violence evidence. This is so we can assess your claim for the family violence provisions.

We will ask you to provide us evidence of family violence from your relationship with your former partner or spouse.

We understand it can be difficult to gather this information and there are sometimes delays outside of your control. We will give you more time to submit these documents if you need it.

What the evidence must show​​

The evidence must show that:

• at least part of the family violence happened while you were in a relationship with your former partner or spouse
• your former partner or spouse was the alleged perpetrator.

All evidence must be in writing, in English, and in the format and level of detail requested.

You can give us either judicial or non-judicial evidence.

Judicial evidence (court documents)​​​​

Judicial evidence is a document from a court of law.

You can give us a:

• court injunction against your former partner or spouse under the Family Law Act 1975
• court order against your former partner or spouse made under a state or territory law
• record that the court has convicted your former partner or spouse of a family violence offence against you or your dependant(s)
• record that the court has recorded a finding of guilt against your former partner or spouse of family violence offences against you or your dependant(s).

You only need to give one of the listed options.

Interim​​ orders

In some situations, an interim order may meet the threshold for judicial evidence. If the interim order does not meet the threshold, you can give us a copy of the interim order while you await a final court outcome.

If a final court order is made, you must give us a copy of it.

Non-judicial evidence

Non-judicial evidence is a:

• joint undertaking made before the court
• minimum of 2 pieces of evidence – see examples of non-judicial evidence below.

If you choose to give us 2 pieces of evidence, you must also complete a Commonwealth statutory declaration form. To find out how, see Form 1410i - Completing a statutory declaration for a family violence claim.

Give only one doc​​ument per category

You can only give one document from each category of evidence.

For example, with medical documents, you cannot give us a hospital report from a nurse and a statutory declaration from a medical practitioner. This is because those 2 documents are in the same category.

Other evidence

You can give us other evidence, so long as the minimum evidentiary requirements are met. The decision maker may consider your extra evidence as part of a whole assessment.

Examples of non-judicial evidence​

These evidence types must be made by a person who is acting in their professional capacity. For example, for medical evidence, it must by a medical practitioner, registered nurse or midwife.

Medical e​​​vidence

1. Medical report
2. Hospital report
3. Discharge summary
4. Letter
5. Statutory declaration.

The item of evidence must:

• identify the alleged victim, and
• detail the injuries or treatment of the alleged victim that may be consistent with family violence.

Police evi​​dence

1. Report
2. Record of assault or family violence
3. Risk assessment
4. Witness statement
5. Statutory declaration
6. Witness statement made by someone other than the alleged victim, to a police officer during a police investigation.

 The item of evidence must:

• identify the alleged victim, and
• identify the alleged perpetrator or give information so the identity of the alleged perpetrator can reasonably be inferred, and
• detail the incident(s) of family violence.

Child welfa​​re officer evidence

1. Report
2. Letter
3. Statutory declaration. 

The item of evidence must:

• detail fears for the dependent child’s safety due to family violence within the household, and
• identify the alleged perpetrator or give information so the identity of the alleged perpetrator can reasonably be inferred.

Family violenc​​e support service provider evidence

1. Report
2. Letter
3. Risk assessment
4. Statutory declaration.

The item of evidence must:

• state that the alleged victim has made a claim of family violence, and
• state in their professional opinion whether the claims of the alleged victim are consistent with them having been subject to family violence, and
• identify the alleged perpetrator or give information so the identity of the alleged perpetrator can reasonably be inferred.

Social w​​orker evidence

1. Report
2. Letter
3. Statutory declaration.

The item of evidence must:

• state that the alleged victim has made a claim of family violence, and
• state in their professional opinion whether the claims of the alleged victim are consistent with them having been subject to family violence, and
• identify the alleged perpetrator or give information so the identity of the alleged perpetrator can reasonably be inferred.

Psychologist​​ evidence

1. Report
2. Letter
3. Statutory declaration.

The item of evidence must:

• state that the alleged victim has made a claim of family violence, and
• state in their professional opinion whether the claims of the alleged victim are consistent with them having been subject to family violence, and
• identify the alleged perpetrator or give information so the identity of the alleged perpetrator can reasonably be inferred.

Family con​​sultant and family relationship counsellor evidence

1. Report
2. Letter
3. Statutory declaration.

The item of evidence must:

• state that the alleged victim has been treated or counselled by the family consultant or family relationship counsellor, and
• state in their professional opinion whether the claims of the alleged victim are consistent with them having been subject to family violence, and
• identify the alleged perpetrator or give information so the identity of the alleged perpetrator can reasonably be inferred.

Education professional evidence

1. Report
2. Letter
3. Statutory declaration.

The item of evidence must:

• state that they have made, or been made aware of, observations that are consistent with the alleged victim’s claims of being subject to family violence, and
• give details of those observations, and
• identify the alleged perpetrator or give information so the identity of the perpetrator can reasonably be inferred.
  

Find out more​

Family violence provisions – Partner visa applicants

Family violence provisions – Secondary applicants