A FOUL-MOUTHED domestic abuser who flouted a restraining order has been jailed after he let himself into his former partner's home only to attack her and scream in her face.
James Smith of Wyld's Lane, Worcester pinched his partner on the cheek after letting himself into her home through an insecure patio door, ignoring a restraining order imposed to protect her from him.
The 50-year-old admitted assault by beating on November 7 last year and three breaches of a restraining order on November 7 and 11 last year and again on December 30 last year when he appeared before Worcester Magistrates Court on Thursday.
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Smith further admitted a section 5 public order offence - using threatening or abusive words or behaviour or disorderly behaviour - on December 3 last year at Foregate Street Railway Station when officers suspected him of interfering with a bike locked in the rack.
The court heard that Smith attended the Worcester guesthouse where his former partner was living on November 7 last year in breach of a restraining order made in May last year for a period of three and a half years.
Smith has already breached the order seven or eight times, the prosecutor told the court.
The victim sat sobbing at the back of the court as the defendant looked across at her from the dock, flanked by dock officers.
Sumreen Afsar, prosecuting, said the injured party was asleep in bed when Smith gained access to her address via an insecure patio door.
"She states she was startled by the defendant and tells him she doesn't want to speak to him but he refuses to leave. She says he was in drink at the time" said Miss Afsar.
Smith is described 'pushing the injured party with both hands on each side of her shoulders down onto the bed ' and 'pinching her to the right side of her face'.
"He has his face nose-to-nose with her and is screaming" she said. When she tells him to leave Smith is heard to say: "What are you going to do, phone the police?"
Smith did leave only to return on November 11 last year, this time explaining that he wanted to talk to her.
"To avoid an argument she goes along with it," said Mrs Afsar.
On December 30 last year he made contact with her, breaching the restraining order yet again.
The public order offence happened when police received information that Smith was interfering with a pedal cycle in the railway station bike rack. When challenged by an officer, Smith was 'warned about his language on numerous occasions in an attempt to defuse the situation'.
"A child was present" said Mrs Afsar.
Gary Harper, defending, argued there were 'some issues around alcohol and the like and very much mixed messages as far as Mr Smith is concerned'. He said Smith's partner had previously come to court to ask for restraining orders to be lifted.
Smith had been in custody between November 16 and 18 last year and from January 14 until this court hearing, the city solicitor explained.
Magistrates sentenced him to 52 weeks in prison and ordered him to pay a victim surcharge of £156.
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