Orange man faces court for assaulting partner during argument over what to eat for lunch

Magistrate David Day described the cause of the initial argument as "trivial" when the case came before him in Orange Local Court last week.

"How so silly and trivial the issue was that caused [the man] to assault his partner," he said.

"He got himself out of bed at 11am and then argued with the lady about what he was going to have for lunch.

"There is a degree of trust arising from a five-year relationship."

The 30-year-old Orange man is not named to protect the identity of the victim and a child who witnessed the domestic violence.

He pleaded guilty to a single charge of domestic violence assault causing actual bodily harm.

Solicitor Taras Maksymczuk said the assault did not cross the custodial threshold.

"I would submit that this must fall to the lower level," he said.

"The facts are what happened, they are somewhat one-sided, it takes two to tango so to speak, using a colloquial term."

Mr Maksymczuk said the man was remorseful and has been engaging with a mental health service and attending counselling services with the victim.

According to court documents, the man woke up about 11am on November 13, 2022, and went into the lounge room where he began to argue with his partner about what he was going to have for lunch.

While the woman was sitting on the lounge, the man leaned into her face and tapped her wrist with a teaspoon.

She then stood up and he grabbed her by the back of the neck and threw her onto the lounge causing her to land on her hands.

The woman told him to leave her alone and he slapped her left cheek with his right hand.

A baby then started crying so the woman left the room to make a bottle and the man followed her and continued to argue with her.

After the woman put the baby in a pram, the man again grabbed the back of her neck again and she reached around and grabbed his beard.

They held each other like that for about 10 seconds and continued to argue and a child witnessed the confrontation.

After giving the bottle to the baby the woman received a call from her sister and went outside and told her sister what had happened. While she was out there the man grabbed her arm causing bruising to her forearm.

The victim then called another person to come and collect the children and that person arrived at the same time as the police.

The woman told the police the incident made her feel scared for her safety and she was worried something like that would happen again.

During an interview with police, the man admitted to hitting the woman's wrist with the teaspoon.

The man was then taken to hospital for get treatment for an injury to his eye.

During the sentencing proceeding and handing down of an Apprehended Domestic Violence Order, the victim was granted permission to address Mr Day and she said she and the children wanted the to come back home.

Mr Day imposed a two-year ADVO that would permit the man to live with the family but he was ordered not to assault, threaten, intimidate, destroy property or harm any animal belonging to the victim or those close to her.

He also warned the man that if he breaches the order, and the breach involves violence against the protected person, the court will be required to impose a custodial sentence.

During sentencing Mr Day noted that the man had no previous criminal history.

"If he had any form for assault, I would have custodial services up here," he said.

Mr Day fined the man $550 and placed him on a supervised Community Correction Order for two years.

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