Chesterfield magistrates’ court heard on September 4 how Darren Paul Andrew, 44, of Bromehead Way, Newbold, Chesterfield, breached the NMO after repeatedly contacting his ex-partner.
Prosecuting solicitor Becky Allsop said a 12 month NMO was imposed in January but the complainant received unpleasant texts and after Andrew had been unable to recover all his fishing tackle from her home at Clay Cross he started phoning her.
Mrs Allsop added: “These messages were on-going. She provided a second statement to the police saying he would contact her a minimum of ten times a day and they were about the children or him calling her names and abusing her and he called on the phone being argumentative.
“She feels he’s breached the NMO on a daily basis and its causing stress and anxiety.”
Andrew pleaded guilty to breaching the non-molestation order between February and April.
The defendant told police there had been an issue with him getting his fishing tackle and he claimed his ex had sent him messages which had instigated his text replies.
He denied phoning her to police despite evidence of call history and screen shots.
Defence solicitor Denney Lau said there was a misunderstanding about the NMO because it stated he must not have contact apart from emergency issues with the children and the fishing tackle is what he used to spend time with the children.
Mr Lau also claimed the complainant’s new partner was aggressive towards him and he had to leave the property without his fishing tackle and he claimed someone was selling his tackle on the internet.
Magistrates sentenced Andrew to an 18 month community order with a Rehabilitation Activity Requirement.
He was also fined £50 and must pay an £85 victim surcharge and £85 costs.
Andrew was also given a five-year restraining order.