A Ballarat man has pleaded not guilty to a number of charges that allege he broke into his ex-partner’s house after he violently assaulted her and stole her phone.
Adam Newman, 36, faced the Ballarat Magistrates’ Court on Wednesday, September 13 where he pleaded not guilty to aggravated burglary, theft and persistent breaches of a family violence order.
The court heard that Newman and his ex-partner’s relationship had deteriorated over some time and during the weekend starting Saturday, April 29 2017, things took a turn for the worse.
The court heard the complainant had first called the police after she had seen Newman sitting in his car outside her house on Saturday, April 29.
The complainant said she believed Newman to be affected by drugs as he had not been in contact for the previous few days.
The couple had a family violence order in place at this time and she said she was fearful of him being there in breech of this order and told the court he had been violent when on drugs previously.
Police arrived at the house and Newman was told to collect some of his belongings before police escorted him from the house.
That night, at about 2.30am, it is alleged Newman arrived at the house for a second time and began banging at the bedroom window of the complainant.
“I felt threatened and scared...there was a man banging on my bedroom window and screaming at me,” the complainant said.
She eventually let Newman into the house because she was afraid he would wake the children who were asleep and the time and because she found his behavior “threatening and scary”.
Newman slept in the lounge room of the house that night and it is alleged when he was asked to leave the next morning he threatened the complainant.
“When I said to him to leave he lent right over me and made himself bigger; he pointed and me and said ‘I am not [leaving],” the complainant said.
Throughout the day on Sunday, 30 April, it is alleged Newman sent the complainant continuous messages pleading for money and to stay at the house.
The complainant said the constant messaging was another behavior from Newman that made her feel unsafe.
“The messages continued and wouldn’t stop,” she said.
“It made me scared...scared he wouldn’t leave me alone and scared of him coming back and breaking into the house.”
At about midday, the complainant agreed to leave some of Newman’s belongings outside the house for him to pick up under the condition he did not speak to her or try to enter the house.
On Monday, May 1, the complainant attended the courts at Ballarat requesting the family violence order be extended to include no contact at all but the matter was adjourned to May 2.
Police allege that Newman continued to harass the complainant with abusive text messages throughout this time.
During this time the complainant had called a domestic violence support line in an attempt to secure a safe house for herself and her children but this did not eventuate.
Early on the morning of Tuesday, May 2, at about 3.30am, it is alleged Newman entered the house through the window of a bedroom at the back of the house.
The complainant said she was awake and feeding her baby when Newman allegedly entered the house.
Police alleged Newman assaulted the complainant who described Newman allegedly holding her tightly around her neck with this arm before pushing her causing her to hit the sink with some force.
Police allege it was during this altercation that Newman stole a rose-gold iPhone 7 from the complainant worth about $1300.
Newman pleaded not guilty to all the charges claiming he did not enter the house through the window.
He did not apply for bail and has been remanded in custody to appear the Ballarat County Court on Thursday October 12.