Domestic Violence Partner Visa Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Services for Family Violence Partner Visa Cases

Family Violence Claim Assessment

We confidentially assess your situation to determine your eligibility to proceed with your partner visa under the family violence provisions.

Evidence & Submission Preparation

Our lawyers provide expert guidance on gathering required evidence and prepare strong, detailed submissions to support your family violence claim.

Representation & Department Liaison

We represent you in all matters, handling communication with the Department of Home Affairs to protect your rights and secure your visa.

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We encourage a free 15-minute call to discuss your situation & map out a path to safely securing your Partner Visa.

What Our Happy Clients Say

Hear directly from our successful learners.

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Your Visa Pathway After Relationship Breakdown

You do not have to remain in a violent or abusive relationship to keep your visa. Australian migration law has family violence provisions to protect temporary partner visa holders whose relationships have ended due to such circumstances.

These provisions allow eligible applicants to continue with their permanent partner visa application even after separating from their sponsor. Understanding if your situation qualifies under these specific legal definitions is a critical first step towards securing your safety and residency.

Defining Family Violence for Your Visa Claim

Family violence is not limited to physical harm. Under migration law, it includes any conduct that causes you to fear for your safety, such as emotional, psychological, or financial abuse, forced isolation, stalking, or sexual assault.

The Department of Home Affairs assesses claims against these specific definitions. Correctly identifying and articulating the nature of the violence you have experienced is essential for a successful claim, and often requires sensitive and expert legal guidance.

Why Choose Moya Migration Law for Your Family Violence Partner Visa Case?

Navigating a partner visa case involving family violence requires expert legal knowledge and compassionate support. Moya Migration Law provides confidential, client-focused guidance and strategic advocacy to help you secure your permanent visa and future safety in Australia.

Experienced in Family Violence Visa Matters

Our firm has a proven track record handling these sensitive and complex cases, with deep knowledge of family violence provisions in migration law.

Compassionate & Confidential Support

We offer a supportive and confidential service, understanding the emotional distress involved and providing clear, plain-English advice tailored to you.

Strategic Evidence & Submission Preparation

We meticulously guide you in preparing the specific evidence required for a family violence claim, building a robust case for the Department.

Deep Knowledge of Partner Visa Law

Our thorough understanding of the Migration Act 1958 (Cth) and family violence provisions ensures your case is handled with expert legal skill and care.

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Our 5-Step Family Violence Partner Visa Process

Navigating a partner visa claim involving family violence requires a clear, supportive, and confidential process. Moya Migration Law guides you through each critical stage with expert care, helping you secure your permanent visa and safety.

1

Confidential Consultation & Assessment

We begin with a confidential consultation to understand your situation, assess your eligibility under the family violence provisions, and outline your options.

2

Notifying the Department

Our team will formally notify the Department of Home Affairs that your relationship has ceased due to family violence, ensuring your case is handled correctly.

3

Evidence Preparation & Support

We guide you in gathering the specific evidence required, such as court documents or medical reports, to build a strong family violence claim.

4

Drafting & Lodging Submissions

Our lawyers meticulously prepare and lodge detailed written submissions on your behalf, clearly arguing your case under the family violence provisions.

5

Representation & Outcome Guidance

We represent you in all communications with the Department and provide clear guidance on the decision, helping you secure your permanent visa.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Family Violence Visa Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally and confidentially manages each family violence partner visa case. With over two decades of experience, he provides expert and empathetic guidance during what can be a very difficult time.

Daniel is committed to protecting your rights and helping you navigate the complex family violence provisions. He offers clear, supportive advice and strategic advocacy to secure your permanent visa and safety in Australia. Daniel also offers legal assistance in Spanish.

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15-Min Consultation

Proving Your Family Violence Claim

To access the family violence provisions, you must provide sufficient evidence. This can be “judicial” evidence, such as a court-issued protection order, or “non-judicial” evidence.

If using non-judicial evidence, you must provide a statutory declaration plus a minimum of two other specified documents, such as reports from medical practitioners, police, psychologists, or child welfare authorities. Meeting these strict evidentiary requirements correctly is crucial for your case.

Are You Eligible to Make a Claim?

The family violence provisions generally apply if you hold a temporary or provisional partner visa (e.g., Subclass 820, 309, or 300 after marriage) and your relationship has ceased. The Department must be satisfied the relationship was genuine before it ended due to the family violence.

These matters are highly sensitive and complicated, involving both family violence law and migration law. Seeking professional assistance can help you navigate these complex eligibility criteria and legal procedures with care and precision.

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Frequently Asked Questions About Domestic & Family Violence Partner Visas

What are the family violence provisions for partner visas?

They are special rules in Australian migration law that allow you to continue with your partner visa application, even if your relationship with your sponsor has ended due to family violence.

What is considered "family violence" by the Department?

Family violence includes any conduct that makes you fear for your safety, such as physical abuse, sexual assault, psychological or emotional abuse, financial control, stalking, or forced isolation.

Can my Australian partner cancel my visa if our relationship ends?

No, your partner cannot cancel your visa. Only the Department of Home Affairs has the power to cancel a visa, and the family violence provisions are in place to protect you if the relationship has ceased due to abuse.

Who is eligible for the family violence provisions?

Generally, you may be eligible if you are on a temporary or provisional partner visa (like subclasses 820, 309, or 300 after marriage) and your relationship has broken down due to family violence committed by your partner.

How do I prove family violence for my visa case?

You can provide either “judicial” evidence (like a court order or conviction against your partner) or “non-judicial” evidence, which requires a statutory declaration plus at least two other official documents (e.g., from a doctor, police, or psychologist).

What if the Department isn't satisfied with my evidence?

If the Department is not satisfied with a non-judicial claim, the law requires them to seek an opinion from an independent expert on whether family violence occurred, and they must accept that expert’s opinion.

Does the Department check if my relationship was genuine before the violence?

Yes. Before assessing your family violence claim, the Department will first assess if your relationship was genuine and ongoing before it ceased due to the violence.

Can my children get permanent residency with me?

Yes, if your children were included as secondary applicants in your partner visa application, and your family violence claim is accepted, they will generally be granted the permanent visa with you.

Where can I get immediate help if I am in danger?

If you are in an emergency, call the Police on 000. For confidential support and counselling, you can call 1800RESPECT (1800 737 732) at any time.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.