Bideford man breaches restraining order four days after it was made

North Devon Magistrates Court, Barnstaple

North Devon Magistrates Court, Barnstaple - Credit: Archant

The 41-year-old with a history of domestic violence was back in court on Friday after visiting his partner’s home in Bideford.

A MAN with a history of domestic violence appeared in court on Friday after breaching a restraining order – four days after it was made.

David Kendall, 41, of Bridgeland Street, Bideford, pleaded guilty to breaking the order made by North Devon Magistrates Court on April 19.

The order was imposed to stop him visiting the home of his disabled partner Linn Gilbey after he pleaded guilty last week to assaulting her in January.

The couple can still meet and speak outside of Miss Gilbey’s address, leaving her home as a ‘safe place’ she can return to, the court heard.


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But on April 23, Kendall visited Miss Gilbey’s home, opened her front door and left a chocolate egg and a note saying ‘I love you’ in her hallway.

Although Miss Gilbey did not see the incident take place, a domestic violence officer present in the house witnessed Kendall’s actions and called the police.

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Rod Ball, for the defence, said his client had spoken to Miss Gilbey earlier that day who had told him she was in a lot of pain.

He said Kendall, who is unemployed, bought the gift in an attempt to cheer her up.

Magistrates sentenced Kendall to an eight week custodial sentence, suspended for 12 months.

Rose Day, chairman of the bench, said: “We feel that this victim is a very vulnerable victim and she needs protection.

“You have a history of domestic violence and this particular offence was only committed four days after a restraining order was put on you.

“We feel this is so serious because of all these reasons we are going to impose a custodial sentence.”

A community order imposed for the previous assault was left in place and Kendall was ordered to pay an £80 victim surcharge.

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