Man pleads guilty in Maryborough Magistrates Court to contravening domestic violence order

A court has been told of the shocking moment a woman woke to find her former partner on top of her, forcing her to try to wrestle him off.

The man pleaded guilty to one count of breaching a domestic violence order when he appeared via videolink before Maryborough Magistrates Court.

A woman woke to her former partner on top of her trying to “initiate sex”, a court has heard, later taunting her after she tried to “wrestle” him off.

The man, who cannot be named for legal reasons, pleaded guilty to one count of breaching a domestic violence order when he appeared via videolink before Maryborough Magistrates Court.

The court heard on January 2, 2025, police were called to the victim’s house.

Upon arrival, they were told the woman had woken to the man in her bedroom laying on top of her “trying to initiate sex”.

The woman tried “to wrestle the defendant off her, but he wouldn’t get off”, the court was told.

She then hit the man on the arm as she tried to free herself.

The man taunted the woman, saying “go on, yell out to the neighbours”, the court heard.

The woman was able to send a text message to her mother, asking her to call police.

The man removed himself from on top of the woman and went to the backyard where he called her, asking her to “come and give him a cuddle before he got arrested”.

When police arrived he had left, but he was arrested on March 11 in relation to the matter.

When police arrived he had left, but he was arrested on March 11 in relation to the matter.

Duty lawyer Warren Hunter said when the man’s matter was finalised, he was intending to go to Bundaberg to live and find work.

He asked Magistrate John Milburn to have regard for the early plea of guilty.

Mr Milburn questioned whether the man had gone directly to the home of the aggrieved and was first detected when trying to “initiate sex”.

The court heard the man had first been at the home at the invitation of the woman.

But he had left the home and the next the victim saw of him was when he returned and was on top of her, the court was told.

“You were lying on top of the aggrieved and she protested,” he said.

Mr Milburn said his actions would have caused concern to the woman.

The man was sentenced to two months in prison, wholly suspended for an operational period of 12 months.

A conviction was recorded.

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Originally published as Man pleads guilty in Maryborough Magistrates Court to contravening domestic violence order