A DUMBARTON man who was slapped with a court order banning him from having any contact with a woman for 100 YEARS has been spared a prison sentence – despite a “flagrant breach” of the court’s instructions.

Thomas Brooks was hit with a lifetime non-harassment order last April barring him from having any contact with the woman after he punched her so hard on the side of the head she had to crawl to the safety of a neighbour’s home.

But in January, the 33-year-old was found in the company of the same woman at a property in the Brucehill area.

And a court hearing on Friday was told that the woman considered herself and Brooks to be engaged to be married.

Brooks had previously admitted breaching the order – which was imposed on April 4 last year.

The punishment was imposed after Brooks, of Ashton View, pleaded guilty to assaulting the woman at a property in Grahams Road four weeks earlier, following a day-long drinking binge.

His lawyer, Judith Reid, told Sheriff Maxwell Hendry: “I would submit there is an alternative to custody in this case.

“He has had an attitude change over the last few weeks. There are very difficult circumstances within his family.

“The complainer contacted me on the same day Mr Brooks appeared from custody, indicating she wished the relationship to continue and that she considered herself to be engaged to Mr Brooks.

“It has been indicated to me it would be her desire to have this order removed but I’ve explained there can be no guarantee.”

Sheriff Hendry said: “The imposition of a 100-year non-harassment order is not something you see every day.

“The circumstances of the offence were a very deliberate and flagrant breach of an order. This is an accused person saying ‘I know I’m the subject of an order, and I’m not going to comply with it’.”

Ms Reid said: “Both parties seem to want to continue this relationship.”

Sheriff Hendry told Brooks: “There was a correct decision to be made here, and you did not make it. But with some hesitation I’m not going to send you to prison.”

Instead Brooks was handed a community payback order with two years’ social work supervision and ordered to do 160 hours of unpaid work within six months.

“There is strong mitigation in the reasons why they were together. But it was a deliberate action, hence the plea of guilty.”

Sheriff Hendry told Brooks: “I’ve had to give very careful consideration to a prison sentence here.

“You absolutely knew what you were choosing to do was wrong. You absolutely knew the court had ordered you not to do something.

“There was a correct decision to be made here, and you did no make it. But with some hesitation I’m not going to send you to prison.”

Instead Brooks was handed a community payback order with two years’ social work supervision and ordered to do 160 hours of unpaid work within six months.

And the sheriff warned him: “I’m going to watch your compliance – or non-compliance.

“If there is any indication that you are not doing what you are required to do, I will revoke the order and send you to prison.

“Unless and until the non-harassment order is revoked, it remains in place, and I would view any further breach of the order with the greatest seriousness.”

Brooks was told to come back to court in early April for a review of the order.