A Fairy Meadow man has been granted bail after he allegedly called his former partner only hours after a court order prohibited him contacting her.
Matthew Grant Sainsbury, 34, appeared in Wollongong Local Court on Wednesday charged over domestic violence offences related to an alleged assault on December 29.
He was arrested and granted bail but only hours later allegedly breached his court orders when he called and texted the woman.
Documents tendered to court said Sainsbury and his former partner had been in a relationship for four years before splitting in July last year.
On December 29, police allege Sainsbury walked into his former girlfriend's home in Bellambi uninvited while she was upstairs at about 10pm.
Police allege the woman repeatedly told Sainsbury to leave and that he did not have permission to be there.
Police allege Sainsbury became aggressive and closed the door behind him before standing over the woman with clenched fists while screaming in her face.
The woman later told police she feared she would be assaulted and she was worried Sainsbury would harm her 11-week-old kitten, which he had picked up.
Police allege Sainsbury did not leave the home despite being asked to about 30 times and he continued to yell at the woman before pushing her down a small set of stairs.
The woman allegedly fell to the floor and she rejected Sainsbury's attempt to hug her, instead she pushed him away.
The woman pushed Sainsbury away for a second time prompting him to allegedly slap her on the right side of her head.
The woman called police, which allegedly prompted Sainsbury to punch the wooden door and rip the mesh from the screen door as he left the unit.
The woman allegedly told police, when they arrived a short time later, that she feared for her life and Sainsbury was suffering from mental health issues.
At the time of the incident, an apprehended domestic violence order was in place which prohibited Sainsbury from assaulting, intimidating and contacting the woman.
Sainsbury was arrested later that night where he was charged with aggravated break and enter, common assault, intimidation intended to cause physical fear or harm, damaging property and contravening a prohibition in an AVO.
During a police interview, Sainsbury allegedly told officers he went to the unit to speak with his former partner about her using a dating app.
He claimed he did not break in, rather he knocked and opened the door and found the woman at the top of the stairs.
Police allege Sainsbury admitted to pushing the victim down the stairs and to slapping her, however denied damaging the door.
Sainsbury was granted strict conditional bail over that alleged incident on December 30, which included a condition prohibiting him from contacting his former partner.
Within 24 hours of the alleged assault and only hours after being given bail, police allege Sainsbury breached the AVO by calling her three times.
He allegedly sent her a message saying, "I'm sorry for everything".
"I didn't break in? I can't believe some of the things you made in your statement. Why? How drunk were you or do you just want to f**k me", the text message said.
The woman did not answer the calls or respond to the message, and instead contacted police, who arrested Sainsbury and charged him with contravening an AVO.
Police allege Sainsbury contacted the woman more than 140 times since the AVO was put in place in September 2020.
In court on Wednesday, Sainsbury's lawyer Greg Melrose indicated his client would strongly contest that he broke into the woman's home.
Sainsbury claims the woman opened the door and invited him inside, which was supported by a letter the woman wrote to the court.
In the letter, the woman said Sainsbury was "not himself" on the night of the alleged incident and was "unwell". She said she wanted to have contact with him, and revoke or change the terms of the AVO.
Magistrate Pearce granted bail, despite police prosecutor Tanya Pavlin opposing it noting Sainsbury's alleged lack compliance with court orders.
When granting bail, Magistrate Pearce also noted Sainsbury had completed a voluntarily three-week mental health program and had a limited record.
Sainsbury must abide by strict conditions which include living with his mother at Fairy Meadow, not leaving the house unless in the company or his mother or sister and abiding by a night curfew. He must comply with the AVO, not use a telephone and his mobile must be surrendered to his mother.
The matter will return to court on March 3.
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