Michael Hayes appeared in Tamworth Local Court via video link from custody earlier this week, when Legal Aid defence solicitor Wendy McAuliffe made an unsuccessful bid for his release.

The court heard the 32-year-old was on bail when he allegedly broke into the home and assaulted a person about 6pm on Saturday.

Ms McAuliffe told the court the accused supported his family and argued there was not a strong prosecution case against him.

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"There may be an issue with the break element of the break-and-enter," she said.

"His continued detention is not justified."

Ms McAuliffe submitted Hayes had been on bail for "some time" without breaches reported.

Police prosecutor Sergeant Matt Pawsey opposed bail and said any conditions offered would not be good enough. He submitted there was forensic evidence from the scene, including from the doorframe and locks.

Magistrate Julie Soars said she noted Hayes was on bail for "serious charges" and said it was too early to tell how strong the prosecution case was.

She ordered Hayes to stay behind bars while evidence is compiled.

Court documents show the police case is that the accused broke into the home knowing there was someone inside.

The documents show police allege Hayes then assaulted a person, and intimidated them.

He was arrested the following afternoon.

The case was adjourned.

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