An offender has been spared from jail despite breaching a restraining order for the third time by being caught with his ex-partner.
Chesterfield magistrates’ court heard on Wednesday, October 31, how Luke John Burrows, 22, of Heanor Road, Codnor, had been given a restraining order not to contact his ex-partner after he had assaulted her.
Prosecuting solicitor Becky Allsop said Burrows originally served a term of prison for assaulting his ex-partner and was given the restraining order but police went to the defendant’s father’s address where they found Burrows with his ex.
Mrs Allsop added that Burrows’s ex-partner has been assessed as a high-risk domestic violence victim after there have been a number of call-outs concerning the relationship.
But Burrows’s ex-partner refused to provide a statement and she does not want the restraining order, according to Mrs Allsop.
Burrows also claimed to police his ex had turned-up at the address and he had asked her to leave but she would not go.
But he admitted that by being with his ex-partner between October 29 and 30 he had breached the restraining order.
Defence solicitor Kirsty Sargent said Burrows’s ex-partner has made it clear she is happy to be in the property and she does not want a restraining order.
Magistrates sentenced Burrows to six-months of custody suspended for 12 months with a £115 victim surcharge.
However, they warned Burrows that if he breaches the restraining order again he will be going back to prison.