A woman fears she will have to move house for a second time and her former partner will control and intimidate her again when he is released from jail.
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The man, who The Courier has chosen not to name to protect the victim's identity, pleaded guilty to persistent contravention of a community corrections order, stalking and breaching an intervention order.
Magistrate Charlie Rozencwajg indicated he would sentence the man to five months imprisonment, followed by a community corrections order, at the Ballarat Magistrates' Court on Tuesday.
The man, 29, is charged with stalking, persistently breaching a family violence intervention order, making threats to destroy property and making a threat to kill.
The prosecution summary, obtained by The Courier, states the man attended the victim's house in breach of an intervention order on December 24, 2019 to give their children Christmas presents.
The victim said she was scared to ask the man to leave in fear of being assaulted and he stayed the night.
The man attended the victim's house again on December 31 as he wanted to spend New Year's with the children.
The victim offered to pay him money and drop him off at a friend's house, feeling it was the only way to get him to leave the house.
The victim drove the man to the friend's house and gave him $150 when he demanded $200 more and refused to get out of the car until she paid.
Controlling, intimidating and abusive behaviour can be worse than physical violence. Your actions are atrocious in my mind.
- Magistrate Charlie Rozencwajg
The victim got out of the car and the man followed her and yelled verbal abuse.
He called the victim multiple times on her phone after she left and continued to call times every day in an attempt to harass her.
On January 13, 2020 the man messaged the victim, causing her to be in fear, then sent another message with a photo of him holding an item that looked like a gun.
On January 21, 2020 the man called the victim 'non stop all day', and continued to harass and stalk the victim making her fearful.
The man was remanded in custody on February 8, 2020 when he made admissions to ringing the victim and sending threatening text messages.
He told police he sent his former partner the photo of him holding what looked like a gun to 'stir her up' and made a comment it was 'funny' during the interview.
The man wrote and sent three letters to the victim while he was in prison asking to see the children.
The prosecution summary states the man had shown 'total disregard' for the intervention order by causing the victim fear and threatening her multiple times.
Magistrate Charlie Rozencwajg said the charges were made 'all the more serious' as the man came before the court with a record of family violence and persistent breaches of an intervention order.
"I find it incredible you have done 12 months jail, then you were released on a community corrections order and while you are meant to be on that order you commit these acts," he said.
"That shows utter disregard for court orders."
Mr Rozencwajg said the victim impact statement showed the man used the children as an excuse to breach the intervention order.
"You might think you did not physically assault her, but you have stalked her, harassed her, retorted money from her and threatened her... these are terribly intimidating, threatening things over a protracted period of time," he said.
"She has moved house once already and that has caused stress to her children and financial pressure. She is worried when you get out of jail you will try to disrupt her life again and she will have to move.
"Controlling, intimidating and abusive behaviour can be worse than physical violence. Your actions are atrocious in my mind."
Mr Rozencwajg said in committing family violence against his former partner he was also affecting the children.
"If you are serious in your wish to see the children, you are going to need to do a lot of rehabilitation and behavioural change," he said.
Mr Rozencwajg will formally sentence the man on June 16. He indicated he would impose a sentence of five months imprisonment and a community corrections order, pending an assessment.
- If you or someone you know needs support contact 1800 RESPECT on 1800 737 732 or Lifeline on 13 11 14.
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