Defence lawyer Stephanie Burlace said Smyth suffered a number of personal issues after a head injury a few years ago.
"My suggestion is community work would be a suitable sentence ... he likes getting out and working and I think it would help him stay out of trouble."
Ms Burlace said the victim was in court showing her support for Smyth.
"The victim would be opposed to a protection order."
Judge Dugald Matheson said he was concerned that two days after being sentenced for a previous assault against his partner there was domestic violence again.
"I'm not going to give you the same grace, Mr Smyth," Judge Matheson said.
Smyth was sentenced with 120 hours of community work and a protection order was put in place.