A MAN who verbally abused and slapped his partner during a "protracted and serious assault" has been fined without conviction.
The 49-year-old man appeared in the Bendigo Magistrates' Court on Tuesday where he pleaded guilty to the assault.
The court heard on September 30 last year, the man was at home with his partner and three children.
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The man's partner was having some difficulties in getting her children to complete their chores so she yelled at them and pushed one of the boys.
The woman then went to a bedroom where the man was to complain about the children's behaviour.
The court heard the man leant into the woman's face and started yelling at her, before locking her arms and pinning her to the wall.
The man continued to yell in the woman's face and then threw her onto the bed.
The 49-year-old climbed on top of the woman and placed his hands over her mouth. The court heard the woman was terrified the man would suffocate her.
The man then slapped the woman to the left side of her face, resulting in swelling and bruising to her left eye.
The court heard one of the couple's children came into the room and asked what was wrong.
The man moved away from the woman and said it was his partner's fault.
The woman left the property and went to hospital for treatment. Police were also contacted.
The court heard officers attended the man's home a few hours later and spoke to the 49-year-old.
He admitted to the assault but told officers he was protecting his children. The man also said the woman had attacked him first and he "could not get her to listen" so he slapped her.
Defence lawyer Rebecca Heley told the court the man and woman had separated after being in a relationship for 15 years.
Ms Heley said the man had served in the army for more than a decade but was medically discharged due to his post-traumatic stress disorder.
The defence lawyer said the man had been left unsupported and instead turned to alcohol and drugs.
Ms Heley said the man had since sought support from a psychiatrist and had full-time custody of his three children.
Magistrate Alan Spillane said while the offending was a "serious, protracted assault", he accepted there was some provocation and the man went "out of control".
Mr Spillane fined the man $500 without conviction.
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