For many migrants in Australia, the legal system can feel intimidating and confusing, especially when English isn’t your first language. Understanding your rights are critical because cultural and language barriers should never stop you
from accessing safety and justice. The police, the Courts and lawyers have a duty to help you and be respectful, regardless of your background.
The Unique Challenges Migrants Face with Protection Order and Family Law
Migrants often face unique pressures such as visa dependency, lack of family support, language barrier, or cultural stigma around reporting domestic violence. These factors can make it harder to seek legal protection through Domestic Violence Orders (DVOs) or to navigate family law matters.
Am I Entitled to an Interpreter during a DVO or Family Law Hearing?
1. Legal right to free interpreters:
If you need language support in court or when dealing with government services, you have the right to a free interpreter through TIS National (Translating and Interpreting Service).
2. How to request one:
You can request an interpreter when you first apply for a DVO, when attending court, or when speaking with police or legal aid. Always make the request as early as possible.
3. What to do if an interpreter isn’t provided:
If you arrive at court and no interpreter is available, let the court staff know immediately. Do not proceed without one, it is your right to fully understand and participate in the process.
4. Advocate for your rights:
It’s is important to advocate for yourself when speaking to the police, the duty lawyer or a Magistrate. You have the right to push back, ask questions, ask further questions if the answers do not make sense and be treated fairly. The Court may try and rush your matter; however you must advocate for yourself. If this is difficult or the process seem unfamiliar, Elysian Law has experience in assisting people from diverse backgrounds and we can provide you with assistance to be heard.
How can Applying for a Domestic Violence Order Affect my Visa?
Family violence provisions in partner visas:
If you are on a partner visa and the relationship breaks down due to family violence, Australian migration law allows you to continue your visa application under the family violence provisions.
What migrants should know:
Applying for a DVO will not automatically cancel your visa. In fact, it may provide important evidence if you need to rely on family violence provisions.
Separating myths from facts:
Many victims fear deportation if they report violence. This is a myth. The law is designed to protect migrants, not punish them for seeking safety.
What is Coercive Control and How Does it Relate to Family Violence?
Coercive control is a pattern of behaviour where one partner controls, manipulates, or isolates the other. It can include controlling finances, restricting
your movements, or threatening your visa status or cultural identity.
Some behaviours may be normalised in certain cultures, making it harder to recognise abuse. For example, “checking” your phone or controlling money may be seen as tradition but is actually abuse under Australian law. Despite cultural expectations, the Courts will treat you fairly and imposed the same law and expectations on the respondent as though they are a citizen.
If a person’s behaviour falls withing the definition of an act of domestic violence as per the Domestic and Family Violence Protection Act 2012, then it is an act of domestic and family violence, and a protection order may be made.
Keep records such as messages, financial documents, or notes of incidents. This evidence can help when applying for a DVO or in migration matters.
How do I Apply for a DVO if English isn’t my First Language?
- Contact Elysian Law for free consultation and fixed free payment plan;
- Or contact your local police or Magistrates Court;
- Request an interpreter to help complete the forms;
- Attend your court hearing with an interpreter present; and
- Follow any directions given by the court.
Tips for navigating court: Bring your documents, arrive early, and don’t be afraid to ask court staff for help. Remember, you cannot be disadvantaged for asking for language support.
What to do if you Suspect Trafficking or Visa Abuse Related to Family Violence?
If your partner or family controls your passport, threatens to cancel your visa, or prevents you from leaving Australia, this may be trafficking or visa abuse.
Urgent help: Call 000 if you are in immediate danger. You can also contact the Australian Red Cross Support for Trafficked People Program or the Australian Federal Police (131 237).
Reporting abuse: Speaking to a lawyer can help protect your rights and stop further exploitation.
How Elysian Law Can Help Migrants Experiencing Domestic Violence
At Elysian Law, we understand that experiencing family or domestic violence is frightening and even more overwhelming if English isn’t your first language or if your visa status depends on your partner. Our team is here to guide and protect you every step of the way. We have experience in helping people who’s second language is English to feel in control of their legal proceedings.
We have represented both aggrieved and respondents in private and police applications across Queensland Courts and achieved great outcomes.
1. Explaining Your Rights in Plain Language:
We take the time to explain the legal process in a way you can understand, ensuring you know your options and what each step means.
2. Applying for Domestic Violence Orders (DVOs)
We assist you with:
- Preparing and filing your DVO application.
- Requesting an interpreter to support you in court.
- Representing you at hearings to make sure your voice is heard.
3. Protecting Your Visa and Immigration Status
Many migrants worry that leaving a violent relationship will mean losing their visa. We can:
- Advise you on the family violence provisions that protect partner visa applicants.
- Provide evidence and submissions to the Department of Home Affairs.
- Work with migration agents if needed to protect your residency pathway.
4. Supporting You Against Coercive Control and Abuse
We help document coercive or controlling behaviours, such as threats to cancel your visa, financial control, or isolation from community all of which can support your case in court and with immigration authorities.
5. Connecting You With Culturally-Specific Support
Elysian Law works closely with multicultural and community services. We can connect you with:
- Multilingual helplines.
- Counselling and crisis accommodation.
- Community legal centres and support groups.
6. Affordable and Accessible Legal Help
We understand that finances can be a barrier and provide a free consultation and fixed fee payments which can be paid off weekly or set stages. We work with people as we understand money should not be a barrier to justice.
Frequently Asked Questions
Will applying for a DVO affect my visa status?
No, applying for a DVO will not cancel your visa. If you are on a partner visa, you may be protected under the family violence provisions.
Can I bring a support person to court?
Yes, in most cases you can bring a friend, family member, or support worker with you.
What if I don’t feel safe attending court?
You can request safety arrangements such as separate waiting rooms or video link attendance.
What can I expect during the free consultation?
During your free consultation, you’ll speak directly with one of our lawyers who have practical experience in domestic and family violence law. We’ll listen to your story, assess your situation, and provide initial advice on possible legal pathways. This consultation is entirely confidential and designed to give you a clear understanding of how we can support you, without any obligation to proceed further.
Are the details of my case kept confidential?
Absolutely. Client confidentiality is paramount at Elysian Law. Every discussion, document, and detail related to your case is handled with the utmost respect for your privacy and security. Our team adheres strictly to legal confidentiality obligations, ensuring your information is protected at all times.
How does Elysian Law handle cases of domestic and family violence with discretion and sensitivity?
We understand the sensitive nature of domestic and family violence cases and the importance of handling every case with discretion and empathy. Our approach is to listen without judgement, provide supportive legal advice, and represent your interests with compassion. We prioritise your safety and well being throughout the legal process, aiming to minimise stress and maximise support.
For more information the types of domestic violence mentioned in this article, see our additional resources:
At Elysian Law, we understand the serious impact these matters can have on your personal and professional life. Our team is here to support you with expert legal representation tailored to your circumstances.
If You Need Help
If you or someone you know is experiencing domestic or family violence, support is available:
Emergency: Call 000 (triple zero) if you are in immediate danger.
1800RESPECT – 24/7 National Domestic, Family and Sexual Violence Counselling Service
Call 1800 737 732 or visit www.1800respect.org.auDV Connect (Queensland) – 24-hour crisis support for women
Call 1800 811 811 | www.dvconnect.orgMensline Australia – Support for men
Call 1300 78 99 78 | www.mensline.org.au
Author: Nichale Bool
