Immigration Law

Police evidence in family violence visa claims: what officers must record in 2026

What a police report, risk assessment or witness statement must record to count as family violence evidence in an Australian visa claim in 2026.

General information only. This guide explains how Australian law usually works. It is not legal advice. For a decision with real consequences, speak to a licensed Australian lawyer.

A police document can count as family violence evidence in an Australian visa claim only if it does three things: it identifies the alleged victim, it identifies the alleged perpetrator or gives enough information for that person's identity to be reasonably inferred, and it details the incident or incidents of family violence. That is the test on the Australian Department of Home Affairs "Family violence evidence" page, as at the October 2026 version of the official page, and it applies to every document in the police category.

This is general information about how the published rules read, not advice on your own situation. A decision on your circumstances turns on the current official wording and on advice from a registered migration agent or legal practitioner.

What documents count as police evidence?

The official page lists six document types in the police category:

Document type What it is
Report A police report of the incident
Record of assault or family violence Police record of the assault or family violence event
Risk assessment A risk assessment prepared by police
Witness statement A witness statement given by the alleged victim
Statutory declaration A statutory declaration made by a police officer
Third-party witness statement A witness statement made to a police officer during a police investigation by someone other than the alleged victim

The third-party entry matters more than it looks. A neighbour, relative, child or bystander who spoke to police during an investigation produces a document that sits in the police category even though it is not written by police themselves.

Who has to produce the document?

Every non-judicial evidence type on the page must be made by a person acting in their professional capacity. For police evidence, that points to a police officer writing in the course of their duties — an attendance log, a risk assessment completed under a police process, or a statutory declaration made in that capacity.

There are also format rules that sit above the category rules. All evidence must be in writing, in English, and in the format and level of detail requested. A document in another language needs an English version before it can meet the stated requirements.

What does "identify the alleged victim" require?

The document has to name or otherwise pin down the person said to have experienced the violence. A narrative that refers only to "a woman" or "the occupants" leaves the identity open, and a decision maker cannot tell from the face of the document whether the person described is you.

This requirement is the same one that applies to medical evidence, where the report must identify the alleged victim and detail injuries or treatment. Police evidence carries a third element instead of the injury detail: the incident itself.

Does the officer have to name the alleged perpetrator?

No. The published wording is deliberately alternative: the document must either identify the alleged perpetrator or give information so the identity of the alleged perpetrator can reasonably be inferred.

Assume an applicant submits a police report that never states a name but records that officers attended a shared home, names the applicant as the victim, and refers throughout to "the victim's husband" or "her sponsor", with the relationship described. On the published test, that gives information from which the identity can reasonably be inferred. Assume instead a report that records an argument at an address with no indication of who the other person was or how they were connected to the victim. That document does not carry enough to support the inference.

The same "reasonably inferred" wording appears for child welfare officers, family violence support services, social workers, psychologists, family consultants and education professionals. It is a consistent feature of the non-judicial evidence rules, not a police-specific exception.

What does "detail the incident(s)" cover?

The document must set out what happened, not merely that police were involved. A record showing attendance, a date and a file number, with nothing about the conduct, does not detail an incident.

Detail also has to line up with the two things the evidence as a whole must show: that at least part of the family violence happened while you were in a relationship with your former partner or spouse, and that your former partner or spouse was the alleged perpetrator. For a Partner visa applicant or holder, the perpetrator must be the former sponsor of the visa application. A report describing events after the relationship ended, or naming a different person, does not carry that link on its own.

How many police documents can you submit?

One. The page sets a "give only one document per category" rule: you can submit one document from each category, so two police documents are not two pieces of evidence. The example the page uses is medical — a hospital report from a nurse plus a statutory declaration from a medical practitioner is still one category — and the same logic applies across the police list.

Non-judicial evidence then works in one of two ways: a joint undertaking made before the court, or a minimum of two pieces of evidence from two different categories. If you go down the two-piece path, you must also complete the Commonwealth statutory declaration form, and Form 1410i explains how to complete a statutory declaration for a family violence claim.

You can submit other evidence beyond the minimum, and the decision maker may consider the extra material as part of a whole assessment.

Where police evidence sits in the rest of the claim

The relationship question comes first. For Partner visa applicants, Home Affairs assesses whether the relationship was genuine before it assesses the family violence claim; the family violence evidence is requested after that.

Police evidence sits alongside judicial evidence as an alternative route. Judicial evidence is a court document — such as an injunction under the Family Law Act 1975, a state or territory court order, a conviction record, or a recorded finding of guilt — and you only need one of those. Interim orders may meet the threshold in some situations; if they do not, you can submit the interim order while waiting for a final outcome, and you must submit the final order once one is made.

If the decision maker is not satisfied that family violence occurred, the claim is referred to an independent expert. The expert arranges an interview and gives an opinion; the department must accept that opinion. If the expert determines that family violence did not occur, you are given an opportunity to comment on that opinion.

Separately from the evidence rules, Home Affairs maintains a "Where to get help" page listing national and state and territory support services.

Frequently Asked Questions

Is a single police report enough on its own?

Not by itself. Police documents form one category, and the non-judicial pathway requires either a joint undertaking made before the court or a minimum of two pieces of evidence from different categories. You also need to complete the Commonwealth statutory declaration form if you are submitting two pieces.

Can a police risk assessment count, or does it have to be a report of an assault?

A risk assessment is listed in its own right as one of the six police evidence types. It still has to meet all three requirements — identify the alleged victim, identify the alleged perpetrator or allow that identity to be reasonably inferred, and detail the incident or incidents.

Does the perpetrator have to be charged or convicted?

The published requirements for non-judicial police evidence do not mention charges or convictions. Conviction records and recorded findings of guilt appear in the separate judicial evidence list, which is a court-based route rather than a police one.

Can a witness statement from someone else support my claim?

Yes, if it was made to a police officer during a police investigation by someone other than the alleged victim. That is one of the six listed police evidence types, and it is the only one on the list produced by a third party rather than police.

Does the document have to use the words "family violence"?

The official page does not prescribe particular wording. What it requires is that the document details the incident or incidents of family violence, so the substance of what is recorded matters more than any specific phrase.

What if my police document is missing the perpetrator's identity?

It may still meet the test if it contains information from which the identity can reasonably be inferred — for example, by describing the person's relationship to you and their role in the incident. If it contains nothing on the other person, it does not satisfy that limb of the requirement.

References

Common questions

Do I need a lawyer or a migration agent?+
Many visa applications are lodged directly. A registered migration agent or immigration lawyer helps with complex or refused matters.
What is a Section 48 bar?+
It limits the visas you can apply for while unlawfully in Australia after a refusal or cancellation. A professional can map your options.
Can I appeal a refused visa?+
Often yes — the Administrative Appeals Tribunal reviews many decisions, but strict time limits apply.
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