Family Violence Provisions
genuine victims.
No one should stay in a violent relationship to preserve their visa status
Australia's migration law recognises that no one should be forced to remain in a violent relationship in order to preserve their visa status. At Katsaros & Associates, we represent applicants whose relationships have broken down due to family violence while holding or applying for a Partner visa or Prospective Marriage visa.
We act for victims, men and women, across all cultural backgrounds, ensuring their cases are handled with dignity, confidentiality, and legal precision. If your relationship broke down after your Partner visa application was lodged (subclass 820/801 or 309/100), you may still be granted permanent residence if the breakdown was caused by family violence.
This applies whether the violence was physical, emotional, sexual, financial, or psychological. Our approach is both legal and human, balancing care with precision.
Recognising family violence
Family violence can take many forms. Recognising these behaviours can help you understand and identify what is affecting you.
Physical violence
Any form of physical harm or injury, such as hitting, punching, kicking, or choking.
Sexual violence
Any form of sexual abuse or assault, including rape, sexual harassment, or forced participation in sexual acts.
Emotional abuse
Behaviours intended to cause emotional harm or control, such as belittling, intimidation, humiliation, or manipulation.
Financial abuse
Controlling access to financial resources, preventing you from working, or controlling your income.
Social isolation
Controlling access to social support, preventing you from seeing friends or family, or restricting access to phone or internet.
Spiritual abuse
Using religious or spiritual beliefs to control or harm, such as preventing you from practicing your faith.
Two ways to prove family violence
You do not need to have reported the violence to police. There are two distinct evidentiary pathways under the Migration Regulations.
Judicial Evidence
Court injunction under the Family Law Act 1975, court orders under State or Territory law, conviction records, or findings of guilt for family violence offences against you or your dependants.
Non-Judicial Evidence
Your statutory declaration (Form 1410) plus two pieces of additional evidence from doctors, police, child welfare, family violence support services, social workers, psychologists, family consultants, or education professionals.
What we establish
We prepare complete and persuasive submissions addressing the factual and legal basis of your family violence claim.
Key elements
- The relationship was genuine prior to breakdown
- The applicant or their child suffered family violence by the Australian sponsor
- The applicant continues to meet general visa criteria (health, character, etc.)
- The nexus between the relationship breakdown and the violence
- The consistency and credibility of supporting evidence
Our role
We liaise directly with the Department's specialist Family Violence Unit to ensure your claim is assessed under the correct framework and within statutory timeframes.
Our firm ensures each piece of evidence aligns with Ministerial Direction No. 92 and the relevant Migration Regulations (Regs 1.23 and 1.23A) governing family violence claims.
We also address any child-related or custody considerations that may be relevant to your case.
Comprehensive support
Confidential
We understand the gravity of family violence claims. Every matter is handled discreetly, ensuring your privacy and safety throughout the process.
Coordinated care
Many clients require more than migration advice. We work with psychologists, counsellors, and family law professionals to ensure you receive comprehensive support.
Empowering
We advocate for outcomes that allow you to rebuild your life safely and with certainty. Our approach is both legal and human, balancing care with precision.
How we work.
From confidential consultation to visa grant, we guide you through every stage with care.
Confidential
consultation
We assess your situation with sensitivity and discretion, explaining your options under the family violence provisions.
Confidential
consultation
Your safety and privacy come first. We listen to your circumstances, assess whether the family violence provisions apply, and explain the evidence required. Every consultation is confidential and conducted with care.
Evidence
gathering
We help you gather judicial or non-judicial evidence to support your family violence claim.
Evidence
gathering
Evidence must meet strict requirements. We guide you through obtaining intervention orders, statutory declarations from professionals, medical records, and other supporting documents. Every piece of evidence is prepared to meet Regulations 1.23 and 1.23A.
Submissions
preparation
We prepare comprehensive submissions addressing the factual and legal basis of your claim.
Submissions
preparation
Persuasive submissions win cases. We prepare detailed submissions addressing the genuineness of the relationship, the family violence, and the nexus between the breakdown and the violence. We liaise directly with the Department's Family Violence Unit.
Ongoing
support
We coordinate with support services and guide you through to visa grant.
Ongoing
support
We support you beyond the visa. We work with psychologists, counsellors, and family law professionals to ensure you receive comprehensive support. Our goal is to help you rebuild your life safely and with certainty.
