An offender escaped being sent to prison after he breached a restraining order for the second time when he was caught at his ex’s home.
Graham Wathall, 32, of Ray St, Heanor, is the subject of an indefinite restraining order to protect his former partner but was found by police coming out of a bedroom at her home.
Chesterfield magistrates court heard on Thursday, November 23, how Wathall had previously breached his restraining order in 2011 and had received a prison sentence and on October 27 police found him at his ex’s home on Bonsall Drive, Somercotes after a disturbance.
Rod Chapman, prosecuting, said: “Once on the premises they saw Wathall was also there and he was coming out of a bedroom. Officers made checks on all persons present and the police national computer showed Wathall was subject to a restraining order.”
Wathall claimed he had been invited to the address by his former partner and he said they were just friends. Mr Chapman added there had been an argument between Wathall and his former partner over sleeping arrangements and a neighbour had heard the row and called police.
Wathall claimed he was not sure whether the order was still valid however he pleaded guilty to breaching the order.
Denny Lau, defending, said Wathall and his ex have a daughter and the defendant, who has previous convictions, has been making progress and is seeking help for mental health issues.
Magistrates fined Wathall £120 and ordered him to pay £85 costs and a £30 victim surcharge.