A man was allegedly living with his partner two days after he was released from prison, despite an intervention order prohibiting contact between them.
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The man, who The Courier cannot name to protect the identity of the victim, applied for bail at the Ballarat Magistrates' Court on Tuesday after being remanded in custody.
The court heard the accused and the woman had been in an 'on and off again' relationship since 2015 and there had been 22 family violence incidents recorded with police in this time.
A full intervention order was in place when he was released on March 13 after spending 10 months in prison.
The accused is charged with persistently breaching the intervention order by taking calls from the woman a number of times throughout March and speaking to her for up to two hours.
He allegedly placed a birthday card in the woman's mailbox.
Police found and arrested him at the woman's house on April 3.
Like the detective, I am concerned about the future of the relationship and things slipping back to the way they were with a history of violence over a number of years.
- Magistrate Letizia Torres
The court heard he was on a community corrections order at the time of the alleged offending.
Detective Senior Constable Rowan Thorne said the accused had failed to appear on bail five times in the past and was convicted of persistently breaching an intervention order four times.
"There is a history of violence with the victim's son present," he said.
Detective Senior Constable Thorne said the accused told police he knew he was breaching the intervention order and said had been living at the woman's address from March 15.
He said the woman made a statement to police she felt scared of the accused and felt afraid when she received the birthday card from him.
But she also told police she wanted him to be released on bail and wanted to have the intervention order varied to allow contact between them.
The court heard the accused had been convicted for violent offending against the woman in the past.
Detective Senior Constable Thorne said he believed the accused would continue to breach the intervention order which would lead to violence, as reflected in his prior convictions.
"I think the history speaks for itself," Detective Senior Constable Thorne said.
"The risk is high."
Defence barrister Mihal Greener said there were no allegations of violence on these charges.
She said her client had not initiated any of the contact and was willing to change his mobile number and provide his new phone number to police.
Ms Greener said there could be a significant delay in the case and despite the accused's history, his time in custody could exceed a sentence.
Magistrate Letizia Torres said she was satisfied exceptional circumstances for bail were shown but the risk of him reoffending was a difficult consideration.
"Like the detective, I am concerned about the future of the relationship and things slipping back to the way they were with a history of violence over a number of years," she said.
"It is very concerning he was released from prison on a community corrections order and he is prepared to breach an intervention order immediately."
Ms Torres said she was satisfied the accused should be granted bail with conditions that he live at his home in Dunnstown, comply with the intervention order and get a new phone number.
"No matter what is going on in her life, you are not able to see her or be in contact with her," Ms Torres said.
"I am not sure why you didn't understand that when you got out of jail but I hope you understand it now."
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