Judicial Evidence for Family Violence Provisions
When applying for a visa under the family violence provisions, it is important to understand the types of evidence required to support your claims, such as judicial evidence and non-judicial evidence. The Department of Home Affairs (DoHA) recognises the importance of ensuring the safety and well-being of applicants and their dependents.
What is Judicial Evidence for Family Violence Provisions?
Judicial evidence refers to documents provided by a court of law that substantiate claims of family violence. Such evidence is often necessary to support applications for visas when an applicant has experienced family violence or abuse from a former sponsor.
Related:
What are the Types of Judicial Evidence for Family Violence Provisions?
A court injunction issued under the Family Law Act 1975 against your former sponsor can provide substantial judicial evidence. This document indicates that the court has recognised the need for protective measures regarding your safety.
A court order against your former sponsor made under a relevant state or territory law can also be submitted. This demonstrates the legal recognition of the situation and the court’s active role in addressing the issue.
Evidence indicating that the court has convicted your former sponsor of a family violence offence against you or your dependents. This evidence can be used to support your claims.
A record that shows the court has recorded a finding of guilt against your former sponsor for family violence offences can be used as supporting evidence.
It is understandable that gathering judicial evidence can be difficult and may involve delays that are outside of your control. Speak with an Accredited Specialist in Immigration Law to strategize and plan your next best steps.
Related:
How to Identify that You May be Experiencing Family Violence?
Non-Judicial Types of Evidence That Can Be Used for Family Violence Claims
How Can Agape Henry Crux Assist
If you claim to have experienced family violence with your former sponsor and wish to know what visa pathways there are. Contact an Accredited Specialist Immigration lawyer at Agape Henry Crux to have tailored advice on your specific circumstances. The team specialises in handling highly complex matters. You may schedule an appointment with one of our solicitors to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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