A man continued to contact his ex-partner in breach of a restraining order months after it was put in place to protect her from his harassment.
Jonathan Bennett, also known as Kitson, was made subject of the order, forbidding contact directly or indirectly with his former partner, at Newton Aycliffe Magistrates’ Court, in June last year.
But Durham Crown Court heard that from about a week later he started contacting her and it went on for much of the next ten months.
Jordan Parkinson, prosecuting, said most of the messages were of a remorseful nature, apologising for his behaviour and claiming that he had changed.
But the tone subsequently escalated, with one message threatening the woman’s new partner.
The victim described it as, “unwanted contact” and found it, “stressful”, as some of the communication was, “nasty and rotten,”, and she added: “I’m sick of living my life under threat from him.”
Miss Parkinson said the original order was only for a year’s duration, so the complainant would like it extending.
When arrested, Bennett/Kitson made no comment.
But, the 43-year-old defendant, of Vane Terrace, Darlington, admitted seven breaches of the original restraining order, only, however, on the day of trial, in June this year, having previously denied the offences.
He has since remained in custody awaiting sentence.
The court heard he has 23 convictions for 42 offences and the latest put him in breach of a suspended sentence order, imposed in June last year for threatening communications, and a further more recent suspended sentence for messages to a different recipient.
Miss Parkinson said the breaches involving his former partner were “persistent”, stretching from June last year into this spring.
Calum McNicholas, in mitigation, said all of the breaches were committed by sending text messages and only the final one could be said to contain, “a veiled threat”.
He told the court: “The vast majority can really be described as remorseful and self-pitying rather than anything else.”
Mr McNicholas said it came after a 20-year relationship in which three children were born.
“The report was only made in April this year and, yet, some went back to September last year.
“Having spoken to him, he described the sheer desperation he felt, not assisted by an inability to control himself.”
Mr McNicholas said the defendant was only recently diagnosed with a complex form of adhd, and, so, has only recently been receiving the appropriate medication for the condition.
He said the defendant, a qualified personal trainer, has completed an educational qualification with a view to completing a degree in business management.
Mr McNicholas added: “He would accept he wants to lead a proactive life, but he accepts these offences are preventing that from taking place.”
Judge Nathan Adams told the defendant: “That restraining order was only issued on June 14, last year, for 12 months to protect your now former partner from further harassment from you.
“It made it plain that there was to be no contact in any way for the following 12 months.
“Within a week of the magistrates making it clear, you were sending messages, which you continued to do for the next few months.
“It’s right to say many were not threatening, but they were clearly harassing.”
The judge said there were some, “unpleasant undertones” on certain occasions and the defendant “lost it” when he found out his ex-partner was in a new relationship.
“Being part of a suspended sentence order, you were aware of how serious that was and you were fully aware of the consequences.”
Judge Adams said in such circumstances it can’t be said to be “unjust” to activate part of the suspended sentences.
Imposing a six-month prison sentence for the breaches of the restraining order, the judge activated six months from the suspended sentence orders, to make a straight 12-month total sentence.
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The judge made a new restraining order, relating to the defendant’s former partner, to run for two years.
At the end of the sentencing exercise, Bennett/Kitson addressed the judge, saying: “I would just like to say I’m sorry and I want to get on with my life.”
Judge Adams replied: “I hope that is the case”, but he added that he also hoped the new restraining order would act as a deterrent from any temptation to repeat the conduct which has got him into trouble..
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