Larbert offender released from prison but banned from seeing partner - despite her wishes
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Aidan Foy, 21, was seeking to have the order removed when he appeared from custody via video link at Falkirk Sheriff Court last Thursday having admitted breaching his non-harassment order not to have any contact with his partner at and address in Seabegs Road, Bonnybridge on October 24.
However, Sheriff Craig Harris pointed out the order was in place to protect Foy’s partner and it was not her decision to remove it. The fact he had breached the order on a number of occasions made him even more determined the order should remain in place.
Sheriff Harris made it clear to Foy and his legal representative on the day that there would be no chance of the non-harassment order being revoked.
The court heard Foy had breached his court orders on a number of other occasions – including when he went to Forth Valley Royal Hospital to be with his partner
while she was giving birth to their second child.
Staff noticed an alert against Foy’s name when they entered it into the computer system and they called the police.
It was stated Foy’s partner, who was attending court with Foy’s father on the day, wanted the non-harassment order to be revoked and an application was made to do so.
Sheriff Harris was adamant that was not going to happen.
"He attended at her premises, banging on the door repeatedly, demanding to be given entry. Talk about how she is safe in his company after that. The court has told them they are not to see each other full stop.”
Foy’s defence solicitor argued keeping them apart was doing more harm to Foy’s partner than it was to him.
Sheriff Harris, visibly upset by this stage, said: “She’s not safe in his presence. It’s patently obvious she is not safe in his presence and I’m not going to sit here and allow her to be assaulted again or abused in some way.
"He has done it three times in the last 12 months. I cannot see the basis at all for this application.”
The court heard Foy has spent 23 days remanded in custody for breaching the non-harassment order.
Sheriff Harris said he was open to releasing Foy from custody but not persuaded the test for revoking the non-harassment order had been met.
He said: “The non-harassment order is there and he has to obey it. I understand he doesn’t want it in place and the complainer doesn’t want it in place, but that’s not the test.
"It’s their for her own protection – you have breached it twice and it will remain in place, there’s no question of that. She needs it to be in place to protect her from you.”
Sheriff Harris released Foy, 29 Dundarroch Street, Larbert, on bail until January 11 next year for a Caledonian domestic abuse programme assessment and the non-harassment order not to have any contact whatsoever with his partner remained in place.