A man who assaulted and threatened his ex-partner saying he would "burn the house, car with [you] and the kids in it," was given a custodial sentence when he appeared in court.
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The Central Western Daily is not naming the 38-year-old man in order to protect the identity of the victim.
According to court documents, the man and woman separated not long before the events on Friday and Saturday, December 16 and 17 last year, and they no longer live together.
He pleaded guilty to assault, intimidation and breaching and apprehended violence order.
Police were told the woman found the man sitting in the backyard next to a small fire in a fire pit about 7.30pm on the Friday and he immediately began questioning her claiming one of her children had stolen a fishing lure from him.
The woman asked why one of her children would take anything and walked inside then heard the man kick the fire pit over after yelling in the backyard for some time.
She went back outside and grabbed a hose so she could put the fire out but said the man pushed her with both hands causing her to fall to the ground.
I'm of the view that he has crossed the custody threshold for these matters but I accept that a workplace injury has made him more dependent on alcohol.
- Magistrate David Day
She got up and yelled at him before putting the fire out and returning inside.
The next morning the man left the address about 7am and sent the victim about 100 messages and she told him not to contact her.
He then arrived at the house about 7.30pm to collect a trailer.
The victim saw him and told him to leave and he proceeded to throw items around and called her numerous names while she recorded him on her phone.
The victim asked him again to leave and he pulled the number plate off her car.
The man then walked near the front door and called her a "slut", he then walked down the driveway and said "she was going to die on her way to work" and he would "burn the house, car with [you] and the kids in it".
He left but sent her about 30 messages and she asked him not to talk to her and police were contacted.
A warrant was issued for the man's arrest after police were unable to locate him and he was arrested at a different Orange address on January 1 this year.
A non-contact apprehended domestic order was also imposed to protect the victim but he breached it on January 13 this year.
According to court documents he sent a message to the victim via Facebook under a false name.
However, she knew it was his account and after he sent her about 20 more text messages asking her to to contact him, she went to Orange Police Station to report the AVO breach.
The man was arrested at home on January 19 and appeared in court for sentencing via an audio visual link from Orange Police Station.
Solicitor Thomas Primrose said it was the first time the man has appeared in court since 2016.
Mr Primrose said the man is employed full-time but suffered a workplace injury last year and now accepts the relationship is over.
"He doesn't believe he was intoxicated at the time," Mr Primrose said.
However, he said the man intends to "sort his issues out" and supervision would help him to do that.
Magistrate David Day said it was a serious matter especially given the nature of the threats the man made after assaulting the woman.
"I'm of the view that he has crossed the custody threshold for these matters but I accept that a workplace injury has made him more dependent on alcohol," Mr Day said before adding that it was no excuse.
"As to how it should be served, it seems to arise from his very quick temper and that may appear to have some association with his excessive alcohol use."
Mr Day decided the custodial sentence could be served in the community.
He gave the man two concurrent seven-month intensive correction orders for assault and intimidation causing fear of physical harm.
The orders will continue until August 19 this year and will require rehabilitation and treatment.
The man was also fined $220 and given an 18-month community correction order requiring rehabilitation and treatment for contravening the AVO.
Mr Day also confirmed a three-year AVO with conditions the man not approach the victim unless through a lawyer and that he not to go anywhere she lives or works.
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