A 41-year-old father of three who repeatedly sent abusive text and voice mail messages to his former partner, breaching a family violence intervention order for the third time in six months, was sentenced to two months in prison.
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The man, who The Courier has chosen not to name to avoid identifying the victim, pleaded guilty in the Ballarat Magistrates' Court on Tuesday.
The court was told the man was arrested on April 13, where he refused to be arrested and "became non-compliant", according to the police summary.
This was in response to an incident on March 28, when the affected family member arrived at his house for a child handover - the police summary said one of the children decided not to stay at his house and ran back to the car, and the man then ran to the car and approached the affected family member, who was sitting in the front passenger seat, yelling "I'm going to kick your head in" in the presence of children.
The abusive messages were from earlier in the week, when the man went to a school function also attended by the affected family member, who had her phone on silent.
After missing several calls, he then left 17 threatening and abusive messages.
The police prosecutor said the man did admit during the police interview the messages would scare the victim when they were read back to him.
His defence lawyer said the man had pleaded guilty at the earliest possible opportunity, and had a "somewhat limited" criminal history.
She noted he had been in a relationship with the victim for 20 years, and they had split up four years ago while maintaining joint custody of their children.
"He is remorseful, and he is embarrassed about the language he used - he was worried about his relationship with his children," his lawyer said.
She also noted he was on the waiting list for a men's behavioural change program.
Magistrate Ron Saines said a harsher sentence was warranted, as it was the third charge of persistently breaching an order in three months.
"You have continued to abuse and threaten your former partner, in the presence of your children," he told the man.
"I have a copy of the summary from October, it's apparent from reading that summary - when the intervention order was made - a huge number of texts and other communications from you to your former partner that were identical to what you pleaded guilty to today.
"People who so persistently breach intervention orders, particularly in the presence of and affecting their children, will be met with strong denunciation and punishment."
Mr Saines noted the charge could be punished with up to five years in prison - at this stage, the man began to weep in the dock.
However, he noted the more difficult conditions faced in prison due to the coronavirus pandemic.
He sentenced the man to two months in prison.
"Without a plea of guilty, it would have been four, and if it was not during a pandemic, it would have been considerably longer," Mr Saines added.
The man's community corrections order will include conditions to receive counselling.
"I am going to ensure any breach hearing is heard by me," Mr Saines warned.
"Engage in abuse of the mother of your children, and I will sentence you."
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