Can You Claim Family Violence Provisions Without a Police Report?

For individuals applying for an Australian Partner Visa (Subclass 820/801 or 309/100), a relationship breakdown is stressful enough. When that breakdown is caused by family and domestic violence, the fear of having your visa refused can make victims feel trapped.

The Department of Home Affairs (DoHA) has Family Violence Provisions (FVP) designed to ensure that visa applicants do not have to remain in abusive relationships to obtain their permanent residency (PR). Some may ask: "Do I need to report to the police to claim family violence for my visa?" The short answer is yes. You do not need a police report, a court conviction, or an Apprehended Violence Order (AVO) to successfully claim the FVP.

Understanding the Definition of Family Violence

Under Australian migration law, family violence is defined broadly. It is not limited to physical violence. It includes conduct, whether actual or threatened, towards a person that causes them to reasonably fear for, or to be apprehensive about, their personal wellbeing or safety.

This covers:

Physical or sexual abuse
Psychological and emotional abuse
Financial abuse (e.g., controlling your money, preventing you from working)
Coercive control and social isolation

The Department recognises the reality that many victims of these types of abuse never contact the police due to fear, cultural stigma, or a lack of physical evidence.

Judicial vs. Non-Judicial Evidence

When assessing an FVP claim, the Department categorises evidence into two streams:

Judicial Evidence includes formal court orders, court injunctions, or a criminal conviction against the perpetrator.
If you don't have judicial evidence (as is the case for someone without police/court involvement), you can rely on non-judicial evidence to support your claim.

What Counts as Non-Judicial Evidence?

To successfully claim the FVP using non-judicial evidence, you must provide a statutory declaration outlining the history of the relationship and the violence experienced.

In addition to your statement, you must provide supporting evidence from at least two (2) competent professionals from different professional categories who have assessed you. Acceptable professionals include:

Medical practitioners
Registered psychologists
Social workers or managers of family violence crisis centres
School principals or school counsellors (if a child is involved or has witnessed the violence)
Registered nurses or midwives

If you provide non-judicial evidence but the Department's case officer is still not entirely satisfied that family violence occurred, they cannot simply refuse your visa. If the expert determines that family violence did occur, the Department must accept that finding and the case officer may ask you for more information.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Help

Speak with one of our two Accredited Specialists in Immigration Law, Jason Ling or Angela De Silva, at Agape Henry Crux. They specialise in highly complex visa matters. If you are unsure or in doubt, consider arranging a consultation with us to get tailored professional advice and guidance on your next best step. Our team of immigration lawyers has experience handling family violence matters, and they can prepare a legal submission and assist with your claim. You can book a consultation with us by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.

Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards and in the 2027 edition of The Best Law Firms™ - Australia.

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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