Protection order breach leads to custodial sentence
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On the evening of Wednesday 16th February, officers were called to a domestic incident in the Spalding area.
A 50-year-old man had reportedly been assaulting his partner over the course of a number of days.
The alleged victim disclosed that physical violence had taken place, but no injuries had been caused and did not wish to make a formal complaint. The officers dealing decided it would be proportionate and necessary to impose a Domestic Violence Protection Notice to protect and safeguard the alleged victim from any further potential acts of Domestic Abuse so support could be sought.
Lincoln Magistrates’ Court heard the application for a Domestic Violence Protection Order on Friday 18th February and on the balance of probabilities, granted the order to protect the partner for 28 days despite the 50-year-old man not attending court for the hearing.
On Saturday 19th February, the 50-year-old man was found to be in breach of the Domestic Violence Protection Order. He denied the breach, stating that he had no knowledge of the terms nor the hearing at the court. However, it was proven that he was aware of the terms and the hearing due to having signed the initial Domestic Violence Protection Notice paperwork which had been personally served on him by Lincolnshire Police.
The Magistrates’ Court found the breach to be proven and sentenced the man to 30 days in custody due to the deliberate breach, including the fact that he did not accept the Domestic Violence Protection Order and indicated that he would intentionally return to the protected person’s address.
Domestic Violence Protection Orders are a valuable tool in protecting victims, and we take breaches very seriously.