How International Students Should Deal with Domestic Violence Issues

As more and more international students come to Australia to study and live. We noticed that due to a lack of mature ways of handling relationship conflicts, some young students engage in behaviors such as snatching phones, smashing things, or even pushing and pulling during arguments, which then lead to domestic violence cases.

Many students mistakenly believe that “it’s just a small conflict between couples, and things will be fine once explained.” However, in Australia, domestic violence is not “small matters,” but rather criminal issues taken very seriously by the police, the courts, and the immigration department.

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What kind of relationship is “Domestic Relationship”

• Married, De Facto, or ex-partner
• In an intimate personal relationship (No matter the nature of the relationship, or has been, of a sexual nature).
• Living in the same household or residential facility (Includes roommate).
• In a relationship involving dependence on the ongoing paid or unpaid care of the other person.
• Relatives.

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What kind of behavior could be charged

• Verbally Abusive (Includes behavior that shames, degrades, or humiliates).
• Behavior that prevents the second person from doing any of the following or otherwise isolates the person
  • making or keeping connections with the person’s family, friends, or culture,
  • participating in cultural or spiritual ceremonies or practices,
  • expressing the person’s cultural identity.

• Common Assault, and assault causing Actual Bodily Harm (ABH).
• Reckless Wounding, or causing Great Bodily Harm (GBH).
• Stalking or Intimidation.
• Contravene Apprehended Violence Order (AVO).

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Why are domestic violence cases taken so seriously in Australia

• Police’s clear stance: Once there is a report, after investigation, the police, in most cases, would choose to pursue criminal prosecution against one party. Whether you are the complainant or the reported person, you may be charged.
• Impact on visa status: Even if the case has not yet been decided, the immigration department may intervene early and directly cancel your student visa.

This means that any domestic violence charge may affect your studies, your future, and your legal status in Australia.

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What should you do when facing domestic violence charges

• Do not take it lightly — never think “it’s just a quarrel.” The police and the court are going to take it seriously.
• Consult a lawyer immediately — before accepting a police interview, you should first communicate with a lawyer to avoid saying anything harmful to yourself.
• Respond rationally to prosecution — being prosecuted ≠ being guilty. How the case develops depends on the police’s evidence and the lawyer’s strategy.
• Choose the correct defence method — strategies like “plea negotiation” or “not guilty defence”, based on the evidence of the case and your instructions to help you get the best possible outcome.

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Real Case Sharing

Plea negotiation case

One of the clients faced six serious domestic violence charges (including choking and assault causing injury). After carefully reviewing the evidence, the lawyer team successfully negotiated with the prosecution to have five charges dropped, with only one remaining to plead guilty to. Through thorough preparation of mitigation materials, the client obtained a result with no criminal record.

Not guilty defence case

Another client who was originally the complainant was instead charged by the police. By maintaining the stance that “the police’s judgment was wrong,” the lawyer team analysed the prosecution’s evidence one by one and ultimately found that the “victim’s” statements seriously contradicted the scene evidence. Through cross-examination, the judge determined the charges were not established, and the client was acquitted on the spot.

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Frequently Asked Questions (FAQ)

• Does domestic violence apply only to married couples?
  ‍No. It applies to de facto partners, ex-partners, intimate relationships, household members, dependents, and relatives.

• Can verbal abuse count as domestic violence?
  ‍Yes. Verbal abuse that humiliates, shames, or degrades can be considered domestic violence.

• What are the consequences for international students?
  ‍Charges can affect your legal status, student visa, and future in Australia.

• Should I speak to police without a lawyer?
  ‍No. Always consult a lawyer before providing any statements to avoid self-incrimination.

• Can I defend myself if wrongly accused?
  ‍Yes. Evidence-based strategies like “not guilty defence” may lead to acquittal if the prosecution cannot prove the charges.

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Reach Out for Immediate Legal Assistance

In Australia, domestic violence cases can have lasting effects on your life. They do not only concern legal responsibility but can also impact your studies, visa, and future. If you are facing a domestic violence charge, take it seriously and seek professional legal advice immediately.

With extensive experience in handling criminal cases across NSW, the Brightstone Criminal team can provide strategic representation and help safeguard your legal rights.