How much restraining order did Chandler get?

Assault Case: No Restraining Order for Chandler

22/03/2020

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In a recent Newton Aycliffe Magistrates' Court hearing, Chris Chandler, 38, formerly of Sadberge, Darlington, admitted to assault by beating. The incident, which occurred on April 27 at his home, involved Chandler grabbing his partner by her hoodie, causing bruising to her chin, and punching a headboard, inadvertently catching his partner's face. Chandler, who has since moved to Angrove Close, Yarm, stated that the altercation happened while he was on anxiety medication, which he claims made him behave like a "completely different person." His partner, who attended court in support, read a victim impact statement and pleaded with the magistrates to consider her wishes.

How much restraining order did Chandler get?
Chandler was given a 12 month community order including 25 rehabilitation activity days and ordered to pay a £95 surcharge and £85 court costs. No restraining order was made.
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The Incident Unfolds

The court heard from prosecutor Paul Anderson that the argument had been building up between Chandler and his partner. During the heated exchange, Chandler, under the influence of anxiety medication that made him angry, grabbed his partner's hoodie. Anderson stated, "He thinks it might have caused a bruise to her chin." In addition to this, Chandler punched the headboard, and "in doing so he recklessly caught his partner's face as well." Chandler himself described the experience as akin to an "out of body experience with a voice telling him 'don't touch the girl'."

A Partner's Plea

Chandler's partner, despite being the victim, was present in court to support him. She delivered a powerful victim impact statement, expressing her heartbreak at seeing the man she loved being taken away by the legal process. "When Chris was arrested it was heartbreaking for me seeing the man I loved taken away," she told the magistrates. "It wasn't what I wanted but no one would listen to me." She spoke of feeling out of control in the aftermath of the incident and described a difficult six months. Crucially, she revealed that she had spoken to both the Crown Prosecution Service (CPS) and the police, requesting that they not press charges. She emphasized Chandler's remorse and the steps he was taking to address his anxiety. "He needs help and support, he is a good man with a good heart," she added. She concluded her statement by stating, "He regrets what happened to me terribly but it was an accident. Please take my wishes on board because I feel like from the start they haven't been."

Chandler's Background and Remorse

The court was informed that Chandler's only previous encounter with the law was a police caution for malicious communication in 2020. Otherwise, he was described as having a previous good character. Chandler himself addressed the magistrates, explaining the proactive steps he is taking to manage his anxiety and expressing his hope that he would never find himself in such a situation again. "I don't come from a family of trouble and it's quite embarrassing. I wasn't brought up to be in this situation. I'm disgusted at myself," he stated.

The Court's Decision

After hearing all the evidence and statements, the magistrates made their decision. Chris Chandler was given a 12-month community order. This order includes 25 rehabilitation activity days, designed to address the underlying issues that contributed to the incident. Furthermore, he was ordered to pay a £95 surcharge and £85 in court costs. A key point of the ruling was that no restraining order was made against Chandler. This decision likely took into account the partner's wishes and Chandler's expressed remorse and commitment to rehabilitation.

Understanding Restraining Orders

A restraining order, also known as a restraining injunction or protective order, is a court order designed to protect a person from a perpetrator. It typically prohibits the restrained person from contacting the protected person, coming within a certain distance of them, or engaging in other specified behaviour. In domestic abuse cases, restraining orders are often put in place to ensure the safety of the victim. However, their imposition is not automatic and depends on the specific circumstances of the case, the evidence presented, and the wishes of the victim, balanced against other legal considerations.

Key Factors in Chandler's Case

Several factors likely influenced the court's decision not to impose a restraining order:

  • Partner's Wishes: The victim explicitly stated she did not want charges pressed and pleaded for her wishes to be considered.
  • Remorse and Rehabilitation: Chandler demonstrated remorse and was actively seeking help for his anxiety.
  • Nature of the Incident: While serious, the assault was described as occurring during a heated argument and involved reckless actions rather than a premeditated attack. The partner also considered parts of it to be an "accident."
  • Previous Good Character: Aside from a minor previous caution, Chandler had no significant criminal record.

Comparison of Sentencing Outcomes

Sentencing for assault can vary significantly. Here's a simplified comparison of potential outcomes:

OutcomeDescriptionLikelihood in Chandler's Case
Absolute DischargeNo penalty imposed, but a record of conviction.Low (due to admitted assault)
Conditional DischargeNo penalty if no further offences committed within a set period.Low (community order given)
Community OrderOffender must comply with certain requirements (e.g., rehabilitation, unpaid work).High (This was the outcome)
FineMonetary penalty.Likely in addition to other penalties (court costs and surcharge were ordered).
ImprisonmentCustodial sentence.Low (given the mitigating factors and partner's wishes)
Restraining OrderProhibits contact or proximity to the victim.None was made

Frequently Asked Questions

Did Chandler get a restraining order?

No, Chris Chandler did not receive a restraining order as part of his sentence.

What was the outcome of the court case?

Chris Chandler received a 12-month community order, including 25 rehabilitation activity days, and was ordered to pay a £95 surcharge and £85 court costs.

Why did the court not issue a restraining order?

The court did not issue a restraining order, likely taking into account the victim's wishes, Chandler's remorse, his steps towards rehabilitation for anxiety, and his previous good character.

What is assault by beating?

Assault by beating is a criminal offence involving the unlawful touching of another person against their will, which causes them some form of physical harm, however minor. This can include grabbing, hitting, or any unwanted physical contact.

What is a community order?

A community order is a sentence given by a court for an offence. It requires the offender to comply with certain requirements, such as attending rehabilitation sessions, performing unpaid work, or abiding by a curfew. The specific requirements are tailored to the individual and the offence.

Conclusion

The case of Chris Chandler highlights the complexities of domestic abuse proceedings, where victim impact statements and the defendant's personal circumstances play a significant role in judicial decisions. While an assault occurred, the court's decision reflects a balanced approach, focusing on rehabilitation and acknowledging the victim's expressed wishes, ultimately resulting in a community order rather than a custodial sentence or a restraining order.

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