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Man who breached a restraining order is spared from further custody

Chesterfield magistrates' court.
Chesterfield magistrates' court.

A man who breached a restraining order by staying with his ex-partner has been spared from further custody after he has spent seven weeks behind bars.

Chesterfield magistrates’ court heard on Friday, December 29, how Michael Ashley Dove, 29, had been residing with the complainant at Melling Close, Birdholme, in Chesterfield, but she called the police after they had an argument.

Prosecuting solicitor Sanjay Jerath said: “The defendant has a previous conviction of violence against the same complainant and she is protected by virtue of a restraining order.”

The court heard Dove had received a conviction in February 2016 for a wounding offence and he was given a two-year restraining order.

However, Mr Jerath added that Dove had been residing with the complainant for eight weeks but she had called the police after they had an argument.

Dove, of London Road, Alvaston, Derby, pleaded guilty to breaching the restraining order between September and November.

Defence solicitor David Gittins said they had been living as boyfriend and girlfriend but he returned to his address and he argued Dove should be released on the basis he has served his time remanded in custody.

Magistrates sentenced Dove to a six-month conditional discharge and ordered him to pay a £20 victim surcharge.

They opted not to extend the existing restraining order which is due to expire around February.