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Grantham court: Man lived with girlfriend despite restraining order




Court news.
Court news.

A man who moved in with his girlfriend despite having a restraining order against him has been given a conditional discharge.

Dean Michael Smith, 28, of Princess Drive, Grantham, admitted breaching the restraining order by going to an address in Denton Avenue on November 9.

The order was originally imposed for harassment on April 4, 2011.

Prosecuting, Marie Stace told the court that despite the order Smith and his girlfriend had continued an on-off relationship and then in June 2013 he had moved in with her at her home in Denton Avenue.

Miss Stace said the couple broke up this year and on November 9 Smith went back to her home.

She heard footsteps and locked the door. She said Smith’s ex-girlfriend “lives in fear of violence from him”.

In a statement the former girlfriend had said she had suffered physical violence from him and she had lost contact with her family as a result.

She had also suffered humiliation after he put things on social media.

Miss Stace added that Smith had been aware of the restraining order but had been allowed to stay at his girlfriend’s old and new addresses and as a result he had not realised he was in breach of the order.

Defending, Ruth Harrop said Smith’s girlfriend had “encouraged” her client to breach the order by allowing him to stay in her home and he moved in with her permanently in June last year.

Miss Harrop said that in August they split up and Smith moved out.

He went back on November 9 to collect his belongings. She refused to let him in and called the police.

Miss Harrop said Smith’s girlfriend had used the order to her own ends because while he had stayed with her she had not called the police, but once he had gone she called them to say he had breached the order.

Miss Harrop told the court Smith had pre-arranged to pick up his belongings and could not understand why she did not answer the door.

She said: “This is an abuse of the order by the complainant.”

The magistrates decided there had been a “long period of tacit acceptance” that the restraining order was being breached.

They imposed the conditional discharge for six months and ordered Smith to pay a victim surcharge of £15.



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