Canberra man's alleged assault of former partner in front of their young children 'unforgivable'

Posted February 25, 2017 15:11:39

A 31-year-old Canberra man has been charged with assaulting his former partner three times over the past month, all witnessed at close range by their sons aged two and four.

The ACT Magistrates Court heard the Spanish pair, who have lived in Australia for six years, separated in May last year and have since lived apart.

The assaults are alleged to have occurred at the woman's home in Canberra's north in the presence of their boys.

A statement of facts tendered to the court alleges that in late January, during an argument, the man violently yanked his former partner's ponytail with such force that "she feared her neck was going to break", while she held their four-year-old son in her arms.

In another two alleged incidents last week, the man allegedly hit his former partner and attempted to punch her while their two-year-old was lying beside her.

The court heard the man was minding their children in the woman's home while she attended a dance class.

The woman told police when she returned home she went to her room with her two-year-old son to help him sleep, but her former partner became enraged about her activities on Facebook, entering the bedroom, snatching the phone out of her hands and going through it, accusing her of cheating on him.

The disturbance woke both children and the man then allegedly swung his fist at the woman, who slouched sideways avoiding the blow, while also cradling her two-year-old son to protect him.

The court heard she then attempted to flee the house but her former partner prevented her from leaving by standing between her and her car and picking up their four-year-old son.

When she pleaded to leave with their children he allegedly said: "You're not going anywhere".

The woman told police when she tried to put the children in the car the man struck on her face, leaving scratch marks between her eye and mouth.

According to the statement of facts the woman returned inside, in an attempt to de-esculate the situation, but the man spent the night in her bedroom so he could periodically check that she was not on her phone throughout the night.

'You treated her like a chattel'

Today the man faced assault charges in court and was served an interim domestic violence order (DVO).

The Director of Public Prosecutions opposed bail, citing the man's significant criminal history, including 21 days behind bars in 2012 for assault occasioning actual bodily harm.

But the defence counsel argued the man had a history of compliance in relation to that conviction and would obey the DVO conditions.

Magistrate Beth Campbell noted that both ACT police and the woman did not oppose bail, but warned the man he would be wise not to have any contact with his former partner.

"The police and the boys' mother have some confidence about your compliance and you must do so," Ms Campbell told the defendant.

"It is still unforgivable.

"You treated her like a chattel. She is not a possession."

The defendant was granted bail under very strict conditions that incorporate the interim DVO.

He is due back in court next month.

Topics: domestic-violence, courts-and-trials, assault, canberra-2600, act