Dad ‘kippered’ over restraining order

Wigan And Leigh Magistrates' Court
Wigan And Leigh Magistrates' Court
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A man breached a court restraining order after he took his pregnant ex to hospital, before having a blistering row with her.

David Stanistreet told the court he had been “kippered” by the charge when he was brought before magistrates.

The 34-year-old was arrested in the back garden of his former partner’s house. He had attended a hospital appointment with his pregnant ex Michelle Herety earlier that day, despite a restraining order being in place.

The court heard that Stanistreet, of Larch Road, Westleigh, had been in a 12-year relationship with Ms Herety and they had three children together.

Prosecuting, Tess Kenyon said they separated at the end of 2015, but she fell pregnant by him earlier this year. He went to a hospital appointment with her nine weeks later but was “abusive” and shouted at her in the street, saying the baby wasn’t his and he wanted a DNA test.

Ms Herety went in for her appointment alone and broke down when a nurse asked if she was okay.

She made a statement to police who took her home to find Stanistreet in the garden. Arrested, he told officers he was there to get a receipt for a mobile that had been sold, Miss Kenyon said.

A restraining order had been imposed in August 2014 to protect Ms Herety, the court heard. But Stanistreet claimed he was not aware of its conditions and had not been in court when it was made.

Defending, Melissa Fagan said: “He is slightly troubled over the account given by the complainant.” He believed Ms Herety had “played fast and loose” with the order, she said. Ms Herety had contacted Stanistreet and they attended joint social services meetings, so he thought the order had changed, and she also told him about the hospital appointment, Miss Fagan said. But he did admit that there was a row about a DNA test on the way to the hospital.

Stanistreet admitted the breach and justices handed him a 12-month community order with a 20-day rehabilitation requirement.

He must also pay a £50 fine, £85 costs and £85 victim surcharge.