A Yeoval grandfather has fronted court after assaulting his grandson, who repeatedly refused to do his chores.
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Police attended the 65-year-old's home at about 11.20am on April 20 this year after a fight broke out with his 12-year-old grandson.
According to court documents, the man had asked his grandson to take out the rubbish bin several times throughout the day, before he started to get agitated.
The boy eventually went to the kitchen to take out the rubbish when he started arguing with his grandfather for not doing his chores.
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The boy told his grandfather to "get the f--k out of my face", when the man grabbed him by his jumper and shoved him toward the kitchen wall, slamming him against it.
The grandfather maintained his grip on the boy's jumper and pushed his fists into his throat.
The boy took hold of his grandfather's shirt and tried to push him away, before he was tripped by the man. The pair fell to the floor when the grandfather, who was on top of the boy, held his forearm across the boy's face.
In an attempt to free himself, the boy punched his grandfather in the face.
The boy's brother witnessed the incident and tried pulling their grandfather off the boy, but was unsuccessful.
A short time later the man let his grandson go, got up and walked outside. The boy remained inside and his brother called police.
Police arrived and spoke to the boy who told them what happened. Officers found the man outside and made no comment when he was placed under arrest.
At Dubbo Police Station, the man told officers he and the boy had been fighting more recently as he had begun swearing more often. He said he did not intend to hurt his grandson and only acted out of frustration.
Appearing in Dubbo Local Court on Thursday, the man pleaded guilty to domestic violence common assault and contravening and AVO.
The court heard the man had become the sole carer of the children two years ago when his wife passed away. Defence lawyer Carmen McKay explained the incident was the "last straw".
"Being the grandfather he's expected to keep his cool, and set an example and that hasn't happened here," Ms McKay said.
While she conceded it was a serious matter which happened in the home he's shared with the children for over 10 years, she argued the assault was at the lower end of seriousness and there was no apparent injury sustained.
"I'm instructed its been very difficult grappling with the loss of his wife and being the sole carer," she said.
However, police prosecutor Sergeant Michelle Bartlett said it was a serious example of common assault, and while it was the touching of the throat and pushing, it was a prolonged attack.
"Given the child's age I could imagine it would be quite frightening ... by someone that's there to care for him," she said.
Magistrate Gary Wilson recognised the police facts "didn't read particularly well".
While the man explained his grandson's behaviour had changed in the last two years since his wife died, Magistrate Wilson explained there were other ways of dealing with it.
"I know it must be difficult bringing up two young boys by yourself, frustrating at times," he said.
"You can't do this no matter how many buttons they push, they're going to continue to push those buttons as they go into their teens and test you," he said.
Magistrate Wilson found there were multiple reasons the man wasn't going to jail - in particular his lack of criminal record.
The man was placed on a 12-month community corrections order and an AVO is in place for two years.