Magistrate highlights impact of family violence on children

A man who persistently breached an intervention order, frightened children and was abusive and threatening to police, will be released from jail.

Jesse James Turner, 28, pleaded guilty at the Ballarat Magistrates' Court on Tuesday to persistent breaches of a family violence intervention order, assaulting police and unlawful assault.

Police lawyer Jenna Bridges told the court Turner attended his former partner's home on September 7, 2019, breaking a family violence intervention order.

When he began yelling and threw an item at the television, breaking the screen, his former partner fled with her two children to their neighbour's house where she heard her window being smashed.

The court heard Turner fled from police when they found him under the bed in her home.

Ms Bridges said Richards attended his former partner's house a second time on October 1, 2019.

The court heard she returned home with her children to find Turner sitting in her lounge room.

Ms Bridges said she told him to leave, felt scared and left the house with her children, where Turner followed them onto the street.

A neighbour came out after hearing yelling and when police arrived Turner ran off.

On October 2 police attended a house to look for Turner, where they found him hiding behind a couch and arrested him.

Ms Bridges said when police asked Turner about a pin number to his phone, he became angry, told police he would bash them and threw a chair at them.

Phone records showed Turner made 226 calls to his former partner in a 24 day period between September and October, breaching the intervention order.

Speaking to police, Turner said he was intoxicated and could not remember much about the times he visited his former partner's home and said he was texting her because he loved her.

On October 3 he was charged in custody for an incident on March 10 2019 for being drunk in a public place and making a false statement to police.

The court heard Turner had also been charged for being abusive and threatening at a veterinary clinic.

Defence lawyer David Tamanika said Turner's mother, who was a heavy consumer of alcohol, died when he was 14.

He said Turner started drinking socially when he was young, but it soon became drinking on a daily basis.

"He is one of these young gentlemen who has used his time in custody to reflect on the things he needs to work on," Mr Tamanika said.

Magistrate Noreen Toohey said a combination of alcohol and bad behaviour was the 'only way you could sum up' Turner's offences.

"He has frightened the children," she said.

"You can be sorry, but that doesn't change what it is like to be the children."

Turner was sentenced to 104 days time served in pre-sentence detention.

He was placed on an 18-month community corrections order with conditions he engage in supervision, alcohol treatment and programs, and judicial monitory before Ms Toohey in March.

He was also ordered to pay $1856 for damage to the door of the veterinary clinic.

"I hope he understands if this continues I will start to look at non-parole periods in sentencing," Ms Toohey said.

"I am not going to have little children frightened by this sort of behaviour...

"It is really up to you what you want to do with your life, but at the moment you are a real risk."


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