What does it mean that part of the violence must have happened during the relationship in 2026?
How Australia's family violence provisions treat the 'during the relationship' rule, and what post-separation incidents mean for a visa claim.
It means the claim needs an anchor inside the relationship, not that every incident has to be locked to the period before it ended. On its official Family Violence Provisions page (as at October 2026), the Australian Department of Home Affairs lists as a condition that "the family violence, or part of it, occurred during your relationship with this person". So one incident, or one part of a pattern of conduct, is enough to meet the timing element — provided the other conditions, including that the perpetrator was your former partner or spouse and that the relationship has ended, are also met.
This article explains the published rules in general terms. It is not personalised advice about your situation, and how the rules apply to your own history is something to confirm against the official pages and with a qualified professional.
What exactly does the "during the relationship" condition say?
The condition appears twice in the official material, once as an eligibility requirement and once as an evidence requirement.
As an eligibility requirement, the department states you may be able to stay in Australia on a permanent visa if you have applied for or hold an eligible visa, you have experienced family violence, the perpetrator was your former partner or spouse, the family violence — or part of it — occurred during your relationship with that person, and you are no longer in a relationship with them.
As an evidence requirement, the Family violence evidence page says your evidence 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 this person was the alleged perpetrator.
The two formulations point at the same idea: the claim must be able to connect at least some of the violence to the relationship itself.
Why speak of "part of" the violence rather than all of it?
Family violence is rarely a single dated event. The wording on the official page accommodates that by requiring only part of the conduct to fall inside the relationship window, rather than requiring the whole history to be contained there.
Read practically, the condition works as a threshold. It sets a minimum: something recognisable as family violence, perpetrated by the former partner or spouse, that happened while the relationship was on foot. Once that anchor exists, the assessment is not limited to a single incident.
Does violence that happens after separation count?
On its own, no. The official pages set the anchor inside the relationship and do not describe post-separation conduct as an alternative way to qualify. A claim built only on incidents after the relationship ended does not meet the published requirement, because there would be no part of the violence placed during the relationship.
Where at least part of the violence did occur during the relationship, the condition is satisfied on its own terms. The department's framing is a floor, not a ceiling: it states what must be shown, without saying the later history becomes irrelevant to the overall picture.
Consider a hypothetical applicant. Suppose she lived with her sponsor, experienced violence during that period, separated, and then continued to be harassed by him afterwards. The in-relationship incidents supply the anchor the rule requires. The later conduct does not have to carry the claim by itself.
How does the rule apply to a Partner visa claim?
For a Partner visa applicant or holder, the timing is measured against the relationship with a specific person. On the official pages, the perpetrator must be the former sponsor of the visa application.
The eligible visas listed are:
- Temporary Partner (subclass 820) — held or applied for
- Provisional Partner (subclass 309) — held or applied for, where you have entered Australia since applying
- Prospective Marriage (subclass 300) — held or previously held
For the subclass 300 visa, additional conditions apply: you must be in Australia, and if that visa has ceased you must currently not hold a substantive visa and must have applied for the Partner (subclasses 820 and 801) visa. A dependent child of a Partner visa-holding parent who has applied under the provisions may be covered through a Dependent Child (subclass 445) visa.
So the question for a Partner visa holder is narrow: did at least part of the violence happen while you were in the relationship with the person who sponsored the application?
How does the timing rule shape what evidence you need?
The Family violence evidence page says all evidence must be in writing, in English, and in the format and level of detail requested. You can provide either judicial or non-judicial evidence.
Judicial evidence is a document from a court of law. The listed options are:
- a court injunction against your former partner or spouse under the Family Law Act 1975
- a court order made under a state or territory law
- a record that the court convicted your former partner or spouse of a family violence offence against you or your dependant(s)
- a record that the court recorded a finding of guilt for family violence offences against you or your dependant(s)
You only need to give one of these. In some situations an interim order may meet the threshold; if it does not, you can provide a copy while you await a final outcome, and you must provide a copy of any final order once it is made.
Non-judicial evidence is either a joint undertaking made before the court, or a minimum of two pieces of evidence from the listed categories — medical, police, child welfare officer, family violence support service provider, social worker, psychologist, family consultant and family relationship counsellor, and education professional. If you give two pieces, you must also complete a Commonwealth statutory declaration form.
Two mechanical rules matter here. You can only give one document from each category — for example, a hospital report from a nurse and a statutory declaration from a medical practitioner are both medical evidence, so they count as one. And each category has its own content requirements; police evidence, for instance, must identify the alleged victim, identify the alleged perpetrator or give information from which the identity can reasonably be inferred, and detail the incident or incidents.
Because the decision maker has to place at least part of the violence inside the relationship, documents that describe incidents with enough detail to fix them in time — dates, the circumstances, who was present — do more work than documents that describe the harm in general terms.
What happens once a claim is made?
For Partner visa applicants, the department describes three steps, and the order matters for the timing question.
First, you tell the department the relationship has ended — through the Notification of Relationship Cessation form in ImmiAccount, or through the Partner processing enquiry form if you cannot use ImmiAccount. The form asks when the relationship ceased, whether you have experienced family violence, and whether you have children with your former sponsor. The department notes that your application is only automatically removed from other ImmiAccounts if you select the family violence option.
Second, you gather documents. The department assesses the relationship first: it must be satisfied the relationship with your former sponsor was genuine and ongoing before it ended. Only once the relationship is assessed as genuine does it assess the family violence claim. The department also states it understands evidence can be difficult to gather and will give more time where needed.
Third, the department assesses the claim, determining that the violence — or part of it — occurred while you were in the relationship with your former sponsor, and that your former sponsor was the alleged perpetrator. If it is not satisfied, the matter is referred to an independent expert, whose opinion the department must accept. If the expert determines you have not experienced family violence, you are given an opportunity to comment on that opinion.
Does the same timing rule apply to secondary applicants?
Yes, with the relationship measured against a different person. A secondary applicant may be eligible if they are a secondary applicant, the perpetrator is the primary applicant, and — at the time the visa application was made — they were either in Australia or entered Australia afterwards. The claim must be made as the former partner or spouse of the primary applicant.
The same two-part evidence requirement applies: at least part of the family violence occurred while you were in a relationship with the primary applicant, and the primary applicant was the alleged perpetrator. The assessment sequence is the same as for Partner visa applicants, including referral to an independent expert where the department is not satisfied.
One exception is worth noting. For the family visas listed on the official page, the family violence provisions do not apply to violence perpetrated by an Australian sponsor. The department states that help is still available and that everyone has a right to a safe environment in Australia regardless of visa status.
Frequently Asked Questions
Does every incident have to have happened during the relationship?
No. The published condition is that the family violence, or part of it, occurred during the relationship. One incident, or part of a pattern of conduct, placed inside the relationship is enough to meet the timing element.
Can I claim if the violence only started after we separated?
The official pages place the anchor inside the relationship and do not set out a separate route based only on post-separation conduct. A claim needs at least part of the violence to have happened while you were in the relationship with the former partner or spouse.
Who must the perpetrator be for a Partner visa claim?
For a Partner visa applicant or holder, the perpetrator must be the former sponsor of the visa application. For a secondary applicant, the perpetrator must be the primary applicant of the visa application.
What kind of evidence proves when the violence happened?
You can give judicial evidence, such as a court injunction under the Family Law Act 1975 or a state or territory court order, or non-judicial evidence such as two documents from different categories plus a Commonwealth statutory declaration. Documents that identify the victim and the alleged perpetrator and detail the incidents are the ones that let a decision maker place the violence in time.
Do I need a court order to make a claim?
No. A court document is one route, but the official page also allows non-judicial evidence, including a joint undertaking made before the court or at least two pieces of evidence from the listed categories, supported by a statutory declaration.
What if the department questions whether the relationship was genuine?
The relationship is assessed first. The department must be satisfied the relationship with your former sponsor, or with the primary applicant for a secondary applicant, was genuine and ongoing before it ended, and only then does it assess the family violence claim.
Is there help available if I am not eligible for the provisions?
Yes. The Department of Home Affairs states that you have a right to a safe environment in Australia regardless of your visa status, and that help is available even where the family violence provisions do not apply.