But lawyer Paul Edmonds secured his client's release on bail on Thursday, after arguing he had already spent more time in custody than he would face if sentenced.

"If we are going to lock people up for five days for stupidity alone ... then, your honour, we will need to build many, many more jails," Mr Edmonds said.

The 20-year-old is facing allegations of common assault against his former partner, with whom he split about a year ago.

The allegations relate to a chance encounter he had with her at a club in Canberra last month, when it is alleged he poured a beer over her head.

A protection order was sought and obtained following that incident, and he was prohibited from contacting the woman.

But just after midnight on January 1, he sent her a text wishing her a happy new year, merry Christmas, and saying he hoped she had a good year ahead.

The defendant acknowledged in the message that he was likely to get in trouble for sending it.

He was arrested for the breach, and refused bail earlier this week.

The defendant needed to show the court he had special or exceptional circumstances before his bail application could be heard.

Magistrate Robert Cook agreed that the amount of time the defendant would spend in custody was a special or exceptional circumstance.

Mr Edmonds argued his client's time behind bars had been a wake-up call, and that he now realised further breaches of bail would be dealt with swiftly and severely.

Mr Cook found the man was not a risk of re-offending or endangering the complainant, and released him on bail.

The defendant is also facing unrelated charges of burglary and minor theft.