Falkirk quantity surveyor not banned from seeing ex after takeaway tiff

A husband who began shouting and swearing at his wife when he woke up hungry following an afternoon wine tasting experience escaped a ban which would legally have prevented him from having contact with her.

An argument over whether or not a takeaway should be ordered boiled over and ended when police came and arrested John Dougan (46). He then proceeded to breach his bail conditions by contacting his partner, only 10 minutes after he was released from custody.

Appearing at Falkirk Sheriff Court earlier today, Dougan had pleaded guilty to behaving in a threatening manner at his 47 Slamannan Road, Falkirk home on September 26 last year and breaching his bail conditions by contacting his partner at the address on September 27, 2021.

The court heard Dougan had been of good behaviour since committing the offence and Sheriff Derek Livingston admonished him.

Dougan was admonished at Falkirk Sheriff Court

However, procurator fiscal depute Fiona Griffin said Dougan’s wife wanted a non-harassment order put in place – stating she felt “extremely anxious” around Dougan.

Sheriff Livingston heard Dougan and his wife were planning to divorce.

He said: “I find it unnecessary to put a non-harassment order in place on the basis the accused has no intention of getting in touch with the complainer.”

At an appearance back in November last year, the court heard how an argument over a takeaway led to Dougan breaking the law.

At the time, procrator fiscal depute Fiona Griffin said: “It was 3pm and the witness and the accused were out for a wine tasting experience in Falkirk. They were out until 6.30pm and both the witness and the accused had been drinking.

"The accused went to bed due to his level of intoxication. He woke up at 11pm and became aggressive to the witness due to him being hungry. The witness phoned her sister.

"While on the phone, the accused was heard to be shouting and swearing at the witness. Police were contacted and the accused continued to shout and swear, which could be heard on the police call.

"He can be heard making various comments addressed at the witness, about her being incapable of looking after a human being.”

Dougan was arrested and moments after his release he broke the law again by contacting his partner.

"It was 8.20am,” said the procurator fiscal depute. “10 minutes after his release from custody the witness heard her phone ring with a mobile number she recognised as being the accused’s phone number.

"She answered the phone and recognised his voice – she listened for a few moments and then disconnected the call. The accused called five more times and then attended at the address, where he was cautioned and charged by police.

"He told them ‘I did try to phone my parents, but they couldn’t get me, so I was trying to get the car’.”

It was stated Dougan had no history of violence and the argument had started due to alcohol consumption that had been “quite heavy” throughout the day.

Things got worse when the question arouse about whether or not a takeaway should be ordered.

The court heard this was the first time Dougan, a quantity surveyor, had found himself in court on a charge like this and he was upset his marriage now seems to be over.