A Ballarat woman who allegedly behaved "obsessively" towards an ex-partner despite a court-imposed no-contact order, before reportedly kicking and spitting at police when they attempted to arrest her, will remain in custody.
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The woman, who The Courier cannot name, appeared at the Ballarat Magistrates' Court from the police cells on Wednesday as her lawyer made an application for her to be bailed.
The court heard the woman has been charged with numerous offences including contravening a family violence intervention order, committing an indictable offence while on bail and resisting police.
Police informant, Senior Constable Nicholas Smerdon, told the court the woman had called and messaged the victim more than 600 times during a few weeks.
On one occasion in early November 2021 the accused texted the victim 163 times in 24 hours.
The court heard the victim moved interstate after their relationship ended but the accused had continued to obtain the victim's phone number by unknown means, forcing her to change her number nine times.
The informant said the victim lived in "a constant state of fear and anxiety" due to the behaviour of the accused.
"The accused continuously harasses the victim, arguing over their separation. The accused has told the victim she will continue to contravene the intervention order and intends to visit the victim [interstate]," he said.
The accused continuously harasses the victim, arguing over their separation. The accused has told the victim she will continue to contravene the intervention order and intends to visit the victim [interstate]. The victim feels as though she is being stalked by the accused who is unrelenting in her attempts to track her down and contact her.
- Senior Constable Nicholas Smerdon
"The victim feels as though she is being stalked by the accused who is unrelenting in her attempts to track her down and contact her."
The court heard that on November 25 the accused allegedly called the victim and told her she didn't care about the order and wouldn't stop "until she gets locked up", but that she wouldn't because she would "play up" her mental health.
"The accused told the victim she would make her life a living hell for the next six years, in reference to the six years they spent together," Senior Constable Smerdon said.
The following day the victim allegedly received 94 missed calls from the accused, none of which were answered.
The calls and text messages allegedly continued in December. In one the accused mentioned the victim's new car - frightening the victim as she did not understand how the accused had found out.
On December 8 the accused allegedly phoned the victim 50 times. One call was allegedly from a different phone number and she allegedly left a message on the victim's phone purporting to be a police officer.
The contact continued in the days afterwards, with the accused allegedly telling the victim "not to underestimate her" in one voicemail and prompting the victim to change her phone number again.
On January 18, 2022, police from the Ballarat Family Violence Investigation Unit attended the accused's home to arrest her.
The court heard that when she was informed she was under arrest the accused "crossed her arms and refused to comply with police direction" and became "abusive".
The court heard the accused allegedly became violent towards police and allegedly spat and kicked the informant.
Police sprayed OC spray towards the accused "with little effect" and when the accused was taken to the ground by police she continued to kick at them - striking one in the chest and narrowly missing the head of another.
Senior Constable Smerdon said the accused continued to kick towards police as they attempted to put her in the back of the van and that she spat directly in his face and on the clothing of his colleague.
The accused was remanded in custody that night and while being led to her cell the accused was allegedly aggressive and abusive towards custody staff, before punching and activating a fire alarm.
The accused allegedly lashed out at custody staff and pushed them, prompting them to use OC foam to get her into the cell.
Firefighters attended to deactivate the alarm at a cost of $1734 to police.
The informant said police held concerns for the victim's safety if the accused were to be released.
"The accused is already on bail for numerous family violence offences against the same victim. Police do not believe any court orders or bail conditions will prevent the accused from contacting the victim as she has failed to comply with any orders issued by the court to date."
The accused's defence lawyer, Georgia Hogg, said her client had a limited criminal history and was engaging with mental health treatment.
Magistrate Letizia Torres was not satisfied exceptional circumstances had been made out and denied the woman's application for bail.
These are circumstances where the evidence against her is strong. This is serious offending that may be within the jail range, from the point of view of being obsessive and unrelenting behaviour to an ex-partner and extremely violent with police.
- Magistrate Letizia Torres
"These are circumstances where the evidence against her is strong. This is serious offending that may be within the jail range, from the point of view of being obsessive and unrelenting behaviour to an ex-partner and extremely violent with police."
Ms Torres was also concerned that despite being remanded for a couple of days in December, the woman had continued offending.
The case will return to court next week.
- If you or someone you know is in need of crisis support, phone Lifeline 13 11 14. Help is also available, but not limited, via the following organisations. The key message is you are not alone. Beyond Blue 1300 224 636 or beyondblue.org.au, Relationships Australia: 1800 050 321, QLife: 1800 184 527 (Support for gay, lesbian, bisexual, transgender and intersex people), 1800 RESPECT
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