This qualitative study explores how migrant and refugee women in Victoria, Australia experience and engage with the legal system following family violence. Drawing on 73 participants—including 24 survivors and service providers—the research reveals the justice system as an inconsistent and risky environment that can simultaneously offer protection whilst perpetuating institutional discrimination.
Key findings indicate survivors face multiple barriers including fear of authorities stemming from experiences in countries of origin, limited legal knowledge often exploited by perpetrators, and inadequate interpreter services. Police responses were frequently problematic, with women being ignored, disbelieved, or misidentified as primary aggressors. The study highlights how certain forms of violence experienced by migrant and refugee women—such as immigration-related abuse, multiperpetrator violence, and marriage/divorce-related abuse—are inadequately addressed by existing legal frameworks.
However, the research also documented narratives of empowerment, with some survivors successfully navigating the system and gaining agency through asserting their rights. The findings demonstrate that interactions with the legal system significantly influence survivors’ broader relationship with the Australian state, affecting their sense of belonging or alienation. The authors emphasise the need for procedural fairness, culturally appropriate legal education, and survivor-centred responses that account for intersectional realities whilst providing adequate material and housing support.
