A Letter from Our Client: Lessons from a Misunderstanding

A Letter from Our Client

"In Australia, My Small Mistake Led to a Big Disaster"

What happened in the past few months felt like a nightmare. I have lived in Australia for decades, working as a bus driver. I wake up every day before 5 AM to get ready and drive to the bus depot, usually working until 9:30 PM. By the time I get home at night, I am often exhausted, but I have managed this way for years. My wife has always supported my work, and my earnings keep our household running. If it were not for her waiting at home, I might not have made it this far.

We are just an ordinary couple, yet we ended up in a huge mess in Australia. A few months ago, on a weekend when I finally had a day off, I wanted to sleep in. My wife, however, wanted to drag me out for some fun. I was too tired to go and snapped at her, which upset her. She picked up her phone and started filming me. In a fit of anger, I yelled at her. She became even angrier and we started shouting at each other. I tried to grab her phone, and as she is much smaller than me, she could not resist. I snatched the phone and threw it on the ground.

We were both stunned. The house went silent. Then she started crying, picked up the phone and ran out of the house. To be honest, I did not think much of our argument at that moment.

Looking back now, my wife regrets her impulsive decision to call the police. The police arrived quickly and took me away. I thought it was simple. I would just explain that we were having a domestic dispute and that the worst that happened was me breaking her phone. But the police labelled it as domestic violence, charging me with intimidation and assault, and issued a domestic violence order that forced me out of my home.

After living in Australia for decades, this was the only home I had, the one I worked hard to earn. Being kicked out made me feel homeless. My wife also thought the police were being too harsh and wanted to explain, but it was useless. The order was already in effect, and I could only wander the streets.

My job could not stop. I still had to drive the bus early in the morning, but now I could not go home at night and did not have enough money for a hotel. In desperation, I ended up sleeping in my bus for two whole weeks.

Both my wife and I were anxious, but no one could make sense of it. I felt guilty and wanted to warn others: the definition of domestic violence here is very broad, and the penalties are severe. Even if you think it is just a couple arguing, if the police get involved, be prepared for the consequences.

Now it is too late. My decades of good life in Australia suddenly included a criminal record, affecting both my life and work. The worst part is, I had no place to go home to. Friends suggested I find a lawyer. During my break, I consulted several lawyers who specialise in this area. They all told me to be patient and to stay in my bus a bit longer. I was losing hope until I found lawyer Alex Cao at Brightstone Defence. His response was different. He said my case was straightforward and that if I trusted him, he could quickly change my situation.

So, I made the right decision to have Alex represent me. Just one week later, the conditions of my domestic violence order were modified, and I could go home.

It was incredibly fast to change the issued order. Several friends told me it is almost impossible. Not only did Alex help me return home, but he also changed the police’s account of my case. In their records, I was labelled as violent, having intimidated and assaulted my wife. None of that matched the facts as I remembered them. I never imagined those could be changed.

In court, Alex presented detailed materials and offered a completely different version of the facts. He explained that my wife’s phone was knocked out of her hand during our argument. Both the prosecution and the judge accepted Alex’s version.

Alex translated the judge’s final remarks for me. The judge stated that while police should take their investigative responsibilities seriously, the nature of this case did not warrant being classified as domestic violence.

Finally, the weight lifted off my and my wife’s shoulders. Alex told me this was a typical case of police overreach. If you find yourself in a vulnerable situation like this and do not know what to do, you must proactively seek a lawyer’s help to protect your rights.

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What This Case Reveals About Domestic Violence Charges in Australia

Under Australian law, domestic violence is defined broadly. It can include physical assault, threats, intimidation, or property damage during disputes between intimate partners or family members. Once police are called to a domestic incident, they are required to assess risk and, in many cases, will proceed with charges and apply for a provisional apprehended violence order, even if the alleged victim does not want to proceed.

This legal framework aims to protect victims, but it can also result in serious consequences for individuals involved in minor or misunderstood disputes. As shown in this case, a single impulsive act, such as damaging a phone, can lead to criminal charges, mandatory removal from the home, and long-term legal complications.

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How Brightstone Defence Helped

Brightstone Defence was able to act swiftly. Our legal team:

• Prepared a strong application to vary the conditions of the domestic violence order
• Gathered evidence to challenge the factual basis of the charges
• Presented a persuasive alternative version of events in court
• Ensured our client’s record did not carry inaccurate labels or unproven allegations

Our priority was to correct the narrative, restore our client’s access to his home, and protect his future from a disproportionate criminal record.

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Frequently Asked Questions (FAQ)

• ‍What is considered domestic violence in Australia?
  It includes assault, threats, stalking, verbal abuse, emotional manipulation, or damage to property in a domestic relationship.

• ‍Can I be removed from my home even if no one was injured?
  Yes. Police may apply for a temporary order if they believe there is a risk, regardless of actual physical injury.

• ‍Is it possible to modify or revoke a domestic violence order?
  Yes, but it requires a legal application supported by strong evidence. Legal advice is essential.

• ‍Will this affect my job or visa?
  Yes. A domestic violence charge can impact employment, professional licensing, and visa status.

• ‍What should I do immediately if police charge me?
  Remain calm. Do not argue with police. Contact a criminal lawyer immediately before speaking further.

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If You Are Facing a Similar Legal Situation

Do not assume the matter will resolve on its own. Domestic violence laws in Australia are complex and enforced strictly. Even minor physical contact or emotional disputes can result in formal charges. If you are affected by a domestic violence allegation, speak to a qualified criminal defence lawyer immediately.

Brightstone Defence has a proven track record of helping clients regain control of their lives. We handle each case with care, urgency, and respect for your side of the story.