The Incident Behind Closed Doors
At Brightstone Defence, our criminal lawyers handle over 100 cases each year involving a wide range of charges, including many that arise from disputes between partners. One such case began with a common source of tension in modern relationships: a mobile phone.
A client came to us after an argument with her boyfriend spiralled into something far more serious. She suspected he was being unfaithful and asked to check his phone. He refused. She confronted him further, interpreting his resistance as an admission of guilt. The verbal dispute quickly escalated into a physical altercation, with both parties pushing and struggling over the phone.
The disturbance grew loud enough to draw the attention of neighbours, who contacted police. By the time officers arrived, the couple were still arguing.
The Police Response and Unexpected Consequences
When the police separated and interviewed the couple, our client explained that she had only wanted clarity and reassurance in her relationship. She spoke openly to the officers, thinking they would assist her in resolving the issue.
However, when police questioned the boyfriend, they observed visible injuries—scratch marks on his neck and arms, some of which were bleeding. He stated that the injuries had been caused during the argument. Based on this, police arrested and charged our client with assault occasioning actual bodily harm and intent to choke, both of which are serious criminal offences under Australian law.
The Legal Stakes in Domestic Disputes
This case is a reminder that physical confrontations in the context of a personal relationship can easily cross the line into criminal conduct under Australian law. Even if both parties view the conflict as a private matter, police are legally obliged to take action if they believe a criminal offence has occurred.
In this instance, the charges carried potential penalties of imprisonment and a lasting criminal record—consequences that would have impacted our client’s personal and professional future.
How Brightstone Defence Secured the Best Outcome
Once engaged, our experienced criminal defence lawyers at Brightstone Defence took swift action. We thoroughly reviewed the police evidence, interviewed witnesses, and worked to contextualise the client’s actions within the emotional and psychological pressures she was experiencing at the time.
We identified procedural flaws in the way the charges were laid and raised significant doubts about the intent and proportionality of the alleged conduct. Through detailed legal submissions and negotiations with the prosecution, we succeeded in having all charges withdrawn.
Our client avoided a criminal conviction and was able to move forward with her life.
Frequently Asked Questions (FAQ)
- Can I be charged for assaulting my partner during an argument?
Yes. Physical contact, even in the heat of an argument, can lead to serious criminal charges.
- What is assault occasioning actual bodily harm?
It involves unlawfully assaulting someone and causing injuries that are more than superficial, such as bruising, scratches, or bleeding.
- What does intent to choke mean under the law?
It refers to intentionally choking, suffocating, or strangling another person without their consent. It is a serious indictable offence in most Australian jurisdictions.
- Will police always press charges in domestic disputes?
Police are required to investigate and, in many cases, lay charges where there is evidence of an offence, regardless of the complainant’s wishes.
- What should I do if I am charged after a domestic argument?
Contact a criminal defence lawyer immediately. Do not make further statements to police without legal representation.
Protecting Your Rights in Domestic Disputes
At Brightstone Defence, we understand how quickly personal relationships can become entangled with the criminal justice system. If you are facing charges arising from a domestic incident, it is essential to seek advice from experienced criminal lawyers without delay. Early intervention can make a significant difference in the outcome of your case.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
