Understanding Domestic Violence Laws in Australia
Domestic violence is treated with zero tolerance in Australia. Behaviour that may seem minor or personal in nature, such as disputes between spouses, can lead to serious legal consequences. A single incident—such as a physical altercation or verbal threat—can result in criminal charges, restraining orders, and lasting records that impact careers, visas, and reputations.
This case study outlines how careful legal strategy, negotiation, and advocacy helped a client avoid conviction despite pleading guilty to common assault in a domestic context.
The Incident: A Dispute Escalates at Home
In September 2021, Mr Zhao, a PhD candidate in data science, and his wife Ms Lin were staying at home under COVID-19 restrictions. An argument over their dog's behaviour escalated when Mr Zhao, frustrated and recently bitten by the dog, attempted to discipline it. Ms Lin intervened, and during the struggle, Mr Zhao pushed her away. Ms Lin fell and injured her back.
A neighbour witnessed part of the incident through a window and contacted the police.
Police arrived promptly. Both Mr Zhao and Ms Lin were honest about what had occurred. However, despite their remorse and the apparent reconciliation between them, Mr Zhao was arrested and charged with common assault in a domestic setting. An Apprehended Domestic Violence Order (ADVO) was also imposed.
Legal Risk: Maximum Penalty and Long-Term Impact
Under section 61 of the Crimes Act 1900 (NSW), common assault carries a maximum penalty of two years' imprisonment. More importantly for Mr Zhao, a conviction would have resulted in a criminal record, which could have seriously affected his academic standing, professional career, and ability to remain in Australia.
Despite the circumstances, police prosecutors initially presented the incident as a clear-cut case of domestic violence involving physical harm and strong evidence, including the neighbour’s testimony and photographs of Ms Lin’s injuries.
Strategic Defence: Challenging the Police Summary
Mr Zhao sought legal assistance from Brightstone Defence. After carefully reviewing the police fact sheet and gathering detailed client instructions, our defence team identified several key areas that warranted clarification:
- Causation: Whether Ms Lin’s injuries were a direct result of Mr Zhao’s push, or pre-existing.
- Context: Whether the push was retaliatory, defensive, or forceful in nature.
- Intent: Whether the action was aimed to cause harm or to de-escalate the situation.
- Witness credibility: Whether the neighbour’s statement was consistent and reliable.
Although Mr Zhao acknowledged the physical act and entered a plea of guilty, our lawyers began strategic negotiations with police prosecutors. Over a period of three months, we successfully persuaded them to amend several key aspects of the case summary, particularly those exaggerating the severity of the conduct and injury.
These revisions fundamentally changed how the court would interpret Mr Zhao’s actions.
The Court’s Decision: No Conviction Recorded
On sentencing day, we presented:
- A comprehensive psychological report.
- A letter of apology from Mr Zhao.
- A letter of support from Ms Lin.
- A strong legal submission emphasising remorse, insight, and low risk of reoffending.
The court accepted that:
- The assault was at the lower end of seriousness.
- The incident arose under extraordinary pandemic-related stress.
- Mr Zhao had excellent character, genuine remorse, and strong community support.
The court exercised its discretion under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) to dismiss the matter without recording a conviction, placing Mr Zhao on an 18-month good behaviour bond.
Frequently Asked Questions (FAQ)
- Can domestic violence charges be withdrawn if the victim supports the accused?
Not necessarily. In Australia, domestic violence cases are pursued by the prosecution, not the victim. The case may continue even if the victim recants.
- What is a section 10 (no conviction) in NSW?
It allows the court to find a person guilty but not record a conviction. This means no criminal record, provided the person complies with conditions such as a good behaviour bond.
- Will a domestic violence charge affect my visa?
A conviction can impact your visa eligibility or future applications. A non-conviction outcome, like in this case, helps protect your immigration status, though it may still need to be disclosed.
Why Skilled Defence Matters in Domestic Violence Cases
This case highlights the importance of experienced legal representation in domestic violence matters. Even where a guilty plea is entered, the way facts are framed and presented can significantly affect the outcome.
Brightstone Defence has extensive experience negotiating with police prosecutors, challenging flawed fact summaries, and securing non-conviction outcomes in cases where clients’ futures are at stake.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
