A man who grabbed his partner around the throat, took her to the ground and held her down in front of a child, has been jailed for two months.
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Jeremy Nicol was on a community corrections order when the incident occurred at his Ballarat home on May 8.
He appeared at the Ballarat Magistrates' Court via a video link from custody to plead guilty to family violence related charges.
Police prosecutor Leading Senior Constable Steve Kent said Nicol and his partner had an eight week old baby and a teenage child at the time of the incident.
He said the pair had been drinking alcohol when an argument started about Nicol's partner leaving the house to visit a neighbour.
The complainant returned home and another argument occurred about Nicol not wanting his partner to leave the house.
You need to change your behaviour. You don't want your kids growing up saying, 'this is what my father did when I was growing up'
- John Doherty
Leading Senior Constable Kent said Nicol pushed the complainant and she pushed him back before he grabbed her around the neck.
He said the complainant pulled away and Nicol charged at her, grabbed her around the throat and took her to the floor.
While pinning her down, the teenager came out of her bedroom and saw Nicol on the floor restraining the complainant.
Nicol told the child to call the police while he restrained the complainant. Nicol was arrested at 2.09am.
He denied strangling the complainant.
Defence lawyer Scott Belcher said a prison term was warranted, given the incident occurred in front of a child.
He said Nicol's early plea of guilty attracted a penalty discount and it had saved the complainant the stress and trauma of giving evidence.
The court was told Nicol had been employed since leaving school in 2000 but lost his job last year. He has no family in Ballarat and spent 13 days in custody.
Magistrate John Doherty told Nicol he needed to think about why he got involved in the incident.
"You need to change your behaviour. You don't want your kids growing up saying, 'this is what my father did when I was growing up'," Mr Doherty said.
Nicol was convicted and sentenced to two months' imprisonment, with 13 days reckoned as already served.
His community corrections order was cancelled.
If Nicol did not plead guilty, he would have been sentenced to three months' imprisonment according to the magistrate.
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