A magistrate has rejected a prosecutor's attempt to have a family violence case heard in a higher court because of the seriousness of the allegations involving children watching their mother repeatedly choked.
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Police prosecutor Steve Repac told the court last month a man's assault against his ex-partner in her home was contracted, with police alleging he strangled her and put a plastic bag over her head.
The man, who The Courier cannot name to protect the complainant's identity, is in the process of making an application for bail at the Ballarat Magistrates' Court.
He faced the court on Tuesday via video link from custody when Magistrate Mark Stratmann decided the lower court had the appropriate powers to deal with the case, rather than sending it to the County Court.
Mr Stratmann said he considered the seriousness of the alleged offending, the complexity of the case and aggravating circumstances, particularly the presence of the children during the assaults, in his decision.
"My view is this matter should remain in the Magistrates' Court," he said.
"The complexity of this proceeding is such that it does not need to be transferred to the County Court."
Police informant Detective Senior Constable Christopher Brown said at court in May the man dragged the woman out of bed on January 7 and threw her around the lounge room like a 'rag doll'.
He allegedly picked her up by the hair and threw her into the wall, whispering in her ear about a sexual assault in her past and saying she should have killed herself.
She yelled you are going to kill me and he said it should have been done a long time ago.
- Detective Senior Constable Christopher Brown
The man allegedly headbutted the victim and the children screamed as they watched the assault, the court heard.
Detective Senior Constable Brown said the man dragged the woman into the children's bedroom, lay on top of her, covered her mouth and nose and pressed down on her throat.
He allegedly continued to choke her until she lost consciousness and when she 'came to' he would do it again.
"She yelled you are going to kill me and he said it should have been done a long time ago," Detective Senior Constable Brown said.
The court heard the woman ran outside and jumped the fence into a paddock and called police.
The man allegedly found her in the paddock, punched her and threatened a neighbour who came to help with a shovel.
The woman ran back inside and locked the doors, but one of the children unlocked the door and said 'he would hit me if I don't', the court heard.
The man came inside and allegedly threw the woman face down with his knees in her back, put his hand over her face and nose and pulled a plastic bag over her head.
The man was arrested after police arrived and taken to hospital under the mental health act.
He will return to court in May when his application for bail will continue before the court.
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