Guy Fitzpatrick, 45, before Bathurst Local Court after breaching AVO conditions on drunken night out at the Oxford Hotel

Guy Fitzpatrick, 45, of Endurance Court, Llanarth, pleaded guilty in Bathurst Local Court on January 11 to contravening an Apprehended Violence Order (AVO).

According to police documents tendered to the court, Fitzpatrick and the victim were at the Oxford Hotel in the early hours of January 1 this year celebrating the New Year separately.

Fitzpatrick was removed from the premises about 2am when the victim was sitting out the front, before the pair exchanged words as Fitzpatrick was walking by.

Police said they saw the exchange but were unaware of any AVOs at the time.

The court heard the Oxford Hotel security guards asked police if Fitzpatrick could be moved on, which was then requested by officers who conducted a check on Fitzpatrick which revealed the enforceable AVO and its conditions.

Fitzpatrick went back to the premises 20 minutes later and spoke to the victim despite being told to "get away" several times.

The entire incident was witnessed by police who arrested Fitzpatrick for breaching his AVO by being intoxicated in the victim's presence and speaking directly to the person in need of protection.

Fitzpatrick - who police said was drunk, slurring his words and unbalanced - was handcuffed and taken to Bathurst Police Station in the back of a caged vehicle.

During sentencing, Fitzpatrick's Aboriginal Legal Service solicitor, Mr Naveed, said it was a case of his client being "in the wrong place at the wrong time", however Magistrate Elizabeth Ellis disagreed.

"I'm not happy. Once may have been an accident but the second time? No," Magistrate Ellis said.

"Your behaviour on New Year's really underlines why an Apprehended Violence Order is sort. How you acted is not good."

Fitzpatrick was placed on a community correction order for 12 months with the condition he abstain from alcohol for four weeks.

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