The high rate of domestic violence in Orange is a well-known, ongoing problem. To highlight this, for one week the Central Western Daily is publishing a domestic violence related court story every day from Monday, May 13. These cases were all heard in Orange Local Court on Wednesday, May 8.
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A woman with a history of becoming violent while drinking appeared in court for attacking her boyfriend.
She went on to breach an apprehended domestic violence order, which banned her from being in the company of the victim for at least 12 hours after drinking alcohol or taking illicit drugs.
The 31-year-old woman from Orange is not named to protect the identity of the victim.
The woman's solicitor Isabella Strapp said the woman is on the autism spectrum and has since reduced her alcohol consumption.
"They were seen by police drinking together," Ms Strapp said of the ADVO breach.
She said her client thought the conditions were that they could not drink together and be aggressive.
"She now understands it's drinking together or after drinking full stop," Ms Strapp said.
The woman was charged with domestic- violence related common assault, damaging a window, assault occasioning actual bodily harm, failing to appear in court and contravening an ADVO.
Magistrate David Day mentioned she was shaking when she appeared before him to be sentenced in Orange Local Court on May 8, 2024.
"She's very anxious," Ms Strapp responded.
The assaults
According to court documents the woman had been in a relationship with the victim for one and a half years before she attacked him on the evening of June 11, 2023.
They had been drinking together at her home before she attacked him for an unknown reason about 11.30pm.
She grabbed the victim around the throat with her hands without restricting his breathing and her mother came into the room and pulled her off him.
The woman then punched the victim in the face a number of times and picked up a broom, which was taken off her by her mother.
The woman's mother encouraged the victim to go outside.
As he got off the lounge and was walking to the front door, his girlfriend pushed him causing him to fall into the front window.
His right hand went through the window causing small lacerations to his fingers.
Call for help
The man left the location and called triple zero requesting an ambulance.
The triple zero operator noted he was "very distressed, stated he had a fight with his girlfriend - wouldn't provide any information because he didn't want her locked up - said he didn't need an ambulance and not to call him back then disconnected."
However, police responded to the call and attended the woman's home at 12.45am. While there they obtained photographs of the front window, the broom and the area in the lounge room where the assault occurred.
The accused was also woken up arrested and taken to Orange Police Station.
Police located the victim who refused to make an official statement about the incident but was forthcoming with information and police obtained photographs of the small cuts on his right hand.
Restraining order made
As a result of the assaults, an ADVO was issued against the woman to protect the man. It included the condition she not be in his company while drinking alcohol or for up to 12 hours after consuming alcohol.
However, at 8.55pm on December 8, 2023, police attended her address and found the couple drinking together.
The woman was arrested and transported to Orange Police Station along with a support person due to her intellectual disability.
She was not offered an interview due to intoxication and intellectual disability.
The sentence
Ms Strapp said her client requires structure and is willing to do community service.
Magistrate David Day said the woman suffers from alcohol misuse disorder.
However, he also said a message needs to be sent to the community that an "actual resolution is made for the protection of the protected person".
Mr Day convicted the woman for all offences.
For the first common assault he gave her an 18-month supervised community correction order.
He also gave her a six-month CCO for damaging the window.
For the assault occasioning actual bodily harm when she pushed the man into the window he gave her a supervised two-year CCO requiring participation in rehabilitation and treatment programs.
She was given a 12-month CCO for failing to appear in court on a previous occasions.
For contravening the AVO she was given a 12-month CCO and a condition she abstain from alcohol for three months.
The sentences will be concurrent and the woman will also have to complete 50 hours of community service.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; MensLine 1300 789 978; Kids Helpline 1800 551 800; beyondblue 1300 224 636; 1800-RESPECT 1800 737 732.
