She came in through the window: Woman cannot stay away from Slamannan ban man Bain
An offender was warned he was heading for custody if he cannot stay away from his partner – which is easier said than done.
Steven Bain, 49, was made subject to a non-harassment order to stay away from his partner but continued to breach it multiple times in a short time period.
That was only part of the story, however, as Falkirk Sheriff Court heard the woman in question was the one who was showing up at his door – even climbing in his kitchen window when the front door was locked.
The woman herself had turned up at court and was asked to give her side of things, telling the sheriff she just wanted be with Bain, even when it was explained to her that her being in his presence could mean him being taken into custody.
Both parties were said to live a far distance apart, but it was the woman who travelled the distance to be with Bain on multiple occasions.
It was stated she was bad for Bain and he was bad for her because of their alcohol problems, which saw them getting drunk when they were together.
Bain’s solicitor stated there was only so much his beleaguered client could do to distance himself from the woman and questioned why the non-harassment order had ever been imposed in the first place.
He added all his client’s recent offending and problems were due to this relationship and nothing else – with all the breaches happening literally within days of each other.
The woman then stood up in court and said: “He’s not a threat to me. I want us to be together.”
Bain had pleaded guilty to breaching his non-harassment order on Station Road, Slamannan on June 25 and in Gowanlea Drive, Slamannan on June 2026.
The procurator fiscal depute said: “A non-harassment order had been issued in May 21 to prevent him from contacting the woman. On June 25 police carried out a welfare check on the woman after Falkirk Council raised concerns she was in contact with the accused.
"They arrived at the accused’s address and the front door was unsecure, so officers entered the property, which was empty with no trace of either party. They eventually traced them in Station Road, Slamannan, standing together engaged in conversation.
"They arrested the accused for breaching his non-harassment order.”
It was a similar story just a day later.
"It was 7.40pm and a call was received regarding concern for a male who was lying on the grass outside the address. The accused was speaking to this male when police attended.
"Police then saw the woman the kitchen window and were let into the property and found the accused in the address in the company of the woman.”
Two days later the woman was back again.
"Police conducted a check of the accused’s address due to previous breaches of non-harassment orders. It was 11.45pm and the window was open. Officers could hear a conversation between a male and a female.
"They shouted through the window to get their attention. She appeared at the kitchen window and engaged in conversation with police. Officers entered and found the accused sitting on his bed.”
Gordon Addison, defence solicitor, said the woman in question lives in Grangemouth and his client lives all the way up in Slamannan.
"One day he had left court for something similar to this,” said Mr Addison. “She was waiting for him in his house, having climbed in through the kitchen window. She wants to be with him and she keeps coming back.”
Mr Addison said she had “psychological problems” combined with a drink problem and sometimes had no other place to go.
"She’s bad for him and he’s bad for her because they get drunk,” he added. “There’s only so much he can do. It’s quite evident this non-harassment order should never have been imposed.
"Most of his recent problems have been in relation to this relationship.”
He said the imposition of a restriction of liberty order may not be available to the court due to Slamannan being historically bad for the electronic monitoring signals required for such an order to be put in place.
When Sheriff Maryam Labaki was informed the woman in question was actually in the public benches, she asked her to come forward to speak to her and get her side of the story.
“When someone requires an order to protect them,” said Sheriff Labaki, addressing the woman directly. “Then keeps going to the home of the accused, then this is a concern. He’s going to get in trouble every time he is found in your presence.”
The woman responded: “We want to be together. He’s not a threat to me. I want us to be together.”
Sheriff Labaki thanked the woman for talking to her and urged: “Will you undertake to do your best not to be with him – you’re not allowed.”
She said Bain, 29 Gowanlea Drive, Slamannan, was classed as a “high risk”, but made no further non-harassment order, placing him on a community payback order with the condition he completes 100 hours of unpaid work within 12 months.
Sheriff Labaki said: “It’s very unusual there is an order breached and the complainer then comes to court. You may not be so lucky the next time and it may involve a remand into custody.
"You must take every step to avoid your partner.”