Man gets warning after contacting ex and breaching ban

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A man has been warned not to contact his ex after he breached a restraining order by sending her Facebook messages.

Chesterfield magistrates’ court heard on Wednesday, March 29, how Daniel James Marshall, 33, of St Margaret’s Drive, Chesterfield, had sent Facebook messages to his former partner after he was released from custody.

Prosecuting solicitor Sarah Haslam said: “He was released from custody in August, 2016, after he had been given a restraining order in June, 2016, and his partner made an allegation that he had breached his restraining order but it had not been breached.”

However, Mrs Haslam added that when the complainant received Facebook messages from the defendant between November and December she was advised by a legal aid representative that this contact constituted a breach.

Marshall was interviewed by police and accepted that he had breached his restraining order by contacting his ex with Facebook messages but he said it was only so he could get property back and to make arrangements to see his son.

The court heard that Marshall’s last conviction was for two common assaults, a criminal damage matter and for obstructing a police constable for which he was sentenced to custody with the restraining order.

Marshall, who has previous convictions, pleaded guilty to contacting his former partner when he was prohibited from doing so by a restraining order.

Defence solicitor Ben Strelley said: “There were no threats of violence. There is some history between them but on the whole the messages are requests to get property back.

“It seems the complainant did not have the property but she’s been complicit in the breach with her giving as good as she gets.”

The probation service stated that Marshall has been making progress under supervision and he has suffered from the death of his father and he had not always been taking medication between November and December.

Magistrates sentenced Marshall to a 12 month conditional discharge but warned that if he commits another offence in the next year he will be resentenced for the breach.

Marshall was also ordered to pay £85 costs and a £20 victim surcharge.

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