AN AGGRAVATED break-in charge has been confirmed against a man accused of assaulting a woman inside an East Tamworth home.
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Michael Hayes, 32, remains behind bars and appeared via video link when his case was called in Tamworth Local Court last week.
The state prosecuting authority, the DPP, confirmed it would press ahead with the charges stemming from the alleged domestic violence-related break and enter on July 31.
"The matter is ready to be certified," the DPP solicitor told the court.
As the prosecutor read the charges to the court Hayes became agitated and started swearing on the screen.
"Watch your language sir, we can hear you, otherwise I'll have to put you on mute," magistrate Julie Soars warned.
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Hayes faces one charge of aggravated break and enter while people were at home, as well as the related allegation of common assault.
The DPP listed a stalk or intimidate charge as a back-up offence.
No pleas were entered at the time and solicitors from both sides will sit down and hold talks about issues in the matter at a case conference scheduled for later this month.
You'll come back before the court before Christmas.
- Magistrate Julie Soars
Ms Soars told Hayes the meeting would help him decide whether to admit to the allegations levelled against him or defend them.
"You'll come back before the court before Christmas," she said.
"Yes Your Honour," he replied.
No application for bail was made at the time and it was formally refused.
The police case is that Hayes broke into an East Tamworth property on the evening of July 31 before assaulting a woman inside.
He was arrested by Tamworth detectives the following afternoon.
Hayes was sentenced in court last week after he entered a guilty plea to the unrelated fresh charge of contravening an AVO.
"I just want to get it over and done with today," he said at the time.
Defence solicitor Garry Johnston told the court it was a "little bit unusual" because the AVO had been relaxed "time and time again".
"He should have complied with the court orders until it was varied, that's my gut feeling," Ms Soars said.
"I can't wave it away, these are serious court orders."
She handed Hayes a nine-month good behaviour order and convicted him of the offence.
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