A Warrnambool detective says an alleged victim of persistent family violence is operating in survival mode.
The detective gave evidence in the bail application of a Warrnambool man, who cannot be named because that could identify the victim.
The accused man appeared in Warrnambool Magistrates Court this week charged with serious family violence-related offending, including the persistent breach of an intervention order.
The detective told the court the man and woman had been in a relationship for about two years, ending in November 2019.
He said an intervention order was issued in the same court in February the following year, listing the accused as the respondent and prohibiting contact.
The court heard detectives had been actively investigating the man and alleged multiple breaches of that order since December last year.
The detective said police had uncovered thousands of text messages and photos sent to the victim over an extended time period.
He said on some occasions, including on March 27, the man sent the complainant 100 texts in one day.
He said the man repeatedly contacted the victim and stayed at her house.
The detective said the victim was "extremely submissive" and was "operating in a survival mode".
He said the complainant allowed the man to sleep in her bed as she was fearful he would hurt her if she refused.
He said the victim's current state of fear meant she didn't reject the man's advances, which he then identified as consenting behaviours.
"She is extremely fearful that she won't be able to protect herself or her children as despite the orders, he continues to persist with the breaches," the detective said.
Matt Pitkin, representing the accused man, urged the court to grant him bail.
He said the alleged offending didn't involve any violence and the man was yet to complete a men's behaviour change program, which was a condition of a previous community correction order.
But prosecutor Sergeant Angela Fitzgerald said all breaches of intervention orders, including non-violent ones, had a significant impact on victims of family violence.
She said it was clear the victim, whose main priority was to protect herself and her children, was not in a position to resist the man.
Sergeant Fitzgerald said the man had previously served a night in jail and that clearly didn't have "the desired effect of a wake-up call".
She said the three days the man spent in the cells before his bail application would therefore be unlikely to deter him from reoffending.
Magistrate John Lesser agreed and refused bail.
The man will appear in court again in May.
If you or someone you know is impacted by sexual assault, domestic or family violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au. In an emergency, call 000.
Emma House is a Warrnambool-based not-for-profit service and can be contacted through 1800 EMMADV (1800 366238) or visit emmahouse.org.au/
Safe Steps for women after hours service is available through 188 015 188.
Brophy Family and Youth Services can be contacted on 1300 BROPHY or 03 5561 8888.
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