A man's decision to drink alcohol as a way to cope with grief lead him to spending two nights in police custody.
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The man, who cannot be named for legal reasons, appeared at the Ballarat Magistrates' Court on Monday to make an application for bail.
Police prosecutor Senior Constable Steve Repac said the accused was arrested on Saturday night for allegedly attending his mother's and ex-partner's houses after a big day of drinking, in breach of family violence intervention orders in place.
Go home with your mum and deal with your grief in a way that doesn't impact on other people and doesn't break the law.
- Magistrate Letizia Torres
The court heard the man's mother reported him to police, who allegedly found a taser in his shorts pocket during his arrest.
Senior Constable Repac said the man was on bail at the time for outstanding matters including two counts of unlawful assault and contravening a family violence intervention in July 2020.
The accused told police during an interview he was aware of the intervention orders and his bail conditions, but said he went to the properties to collect his belongings so he could stay out in the bush.
A defence lawyer asked for the man to be granted bail and to return to court on Wednesday next week for his next court hearing.
She said the man's brother had died two weeks earlier and his funeral was on Wednesday this week.
The court heard the man's mother was happy to have him stay at her home for the week until his next court date if he did not drink alcohol.
The lawyer said the man had experienced issues with alcohol abuse in the past but had been managing well until his brother's death.
Magistrate Letizia Torres said she was satisfied there were compelling reasons for bail and the risks could be managed in the community through bail conditions and living with his mother.
"If you were to get drunk and breach these intervention orders not only will you end up in custody you will miss your brother's funeral," she said.
"Go home with your mum and deal with your grief in a way that doesn't impact on other people and doesn't break the law.
"Anything that goes wrong you will end up back in custody and missing the funeral so be very careful."
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Rochelle Kirkham
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
