Offender is spared from jail after breaching a restraining order by being caught with his ex

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.

Chesterfield magistrates' court.

Chesterfield magistrates' court.

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.

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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.