Domestic Violence - Understanding Your Protection in Australia

Domestic Violence: Understanding Your Protection in Australia

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Moving to a new country brings hope and opportunity, but for some, the dream of a new life in Australia is overshadowed by fear at home. At Pravo Consult, we frequently speak with members of the Russian-speaking community who believe that because they are on a temporary visa, they have no rights if they experience family violence.

This is a dangerous misconception. In Australia, the law protects everyone, regardless of your visa status, your language, or how long you have been in the country.

In this post, we will break down what constitutes domestic violence and explain your rights regarding migrant family violence rights in Australia.

What Constitutes Domestic Violence in Australia?

Many people believe that domestic violence only refers to physical hitting or pushing. In Australia, the legal definition is much broader. Under the Family Law Act 1975, family violence is any behavior that coerces, controls, or causes a family member to be fearful.

This includes:

  • Physical Abuse: Hitting, slapping, choking, or any form of physical harm.
  • Emotional and Psychological Abuse: Constant insults, “gaslighting,” isolation from friends and the Russian-speaking community, or threats to harm pets or children.
  • Financial/Economic Abuse: Controlling all the money, preventing you from working, or refusing to give you enough money for basic necessities like food or medicine.
  • Visa-Related Threats: Threatening to “cancel your visa” or “have you deported” if you do not comply with their demands. This is a common form of control in migrant families, and it is a form of abuse.

Your Visa Status Does Not Block Your Protection.

A common fear for migrants is that calling the police will lead to deportation. This is not true.

  1. Police Protection: The primary role of the Australian police is to ensure your safety. They do not act as immigration officers. If you are in danger, you can call 000 without fear of your visa status being the primary concern.
  2. The Family Violence Provisions: The Australian Government has specific “Family Violence Provisions” for those on certain visas (such as Partner Visas). If your relationship ends because of domestic violence, you may still be eligible to continue your application for permanent residency. You do not have to stay in an abusive relationship to keep your visa.
  3. Domestic Violence Support for Russians: There are specific resources available that understand the cultural nuances of the Russian-speaking community, ensuring you don’t have to face this alone.

Actionable Steps: Where to Get Help

If you or someone you know is experiencing any form of abuse, there are confidential and free services available:

1. Immediate Danger

If you are in immediate danger, call 000. If you cannot speak English well, say “RUSSIAN” to the operator, and they will connect an interpreter.

2. National Support Line: 1800RESPECT

Call 1800 737 732 (available 24/7). This is the National Sexual Assault, Domestic and Family Violence Counselling Service. It is confidential and free.

You can also visit 1800respect.org.au.

3. Translation Support

If you need to call a service but are worried about the language barrier, call TIS National at 131 450. Ask them to call 1800RESPECT on your behalf.

4. Legal and Migration Guidance

At Pravo Consult, we understand the complexities of navigating the Australian legal system while dealing with trauma. We provide trauma-informed legal referrals to specialist lawyers and migration agents who understand the Family Violence Provisions. We can help you understand your rights in a safe, confidential, and supportive environment.

You Are Not Alone

Australia has strict laws to protect victims of family violence. Your safety is the priority – not your visa status. Reach out today to start your journey toward a safe and independent life.

Contact Pravo Consult for a confidential discussion on how we can support your referral to the right legal channels.

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