A Rainworth man with a history of domestic violence who breached a restraining order was spared jail because the woman he was ordered to avoid had been staying at his flat.
Richard Roberts, 47, of Southwell Road East, admitted breaching order “numerous times”, between May 1 and June 16, when he appeared at Mansfield Magistrates Court, on Wednesday.
Prosecutor Donna Fawcett said the woman contacted police, in the early hours of June 16, after a confrontation with Roberts.
But a witness told police she had been “spending time in the flat” and had even left personal items there.
District judge Jonathan Taaffe said: “Unless this lady makes an application for this order to be varied, this gentleman is going to find himself back in court on a weekly basis.”
He told Roberts: “Someone with your record of domestic violence and breach of court orders can expect to go to prison immediately.
“But I do accept that the complainant has come to your flat in a distressed state in the early hours of the morning. From there she has basically lived at your address with her consent.
“There is no allegation of further violence or threats. So I take the view it would be inappropriate to impose custody.
“If this was put forward on any other basis you would be going to crown court.”
He gave Roberts 26 weeks in prison, suspended for one year.
No compensation was ordered, but he must pay £85 costs and a £115 victim surcharge.