AN ex-serviceman who used a withheld number to call and text his former partner while he was serving a non-molestation order held back tears as he was spared prison by a judge.

Alexander Clare, of Cooper’s Lane, Great Leighs, had been ordered in September last year not to contact his ex-partner in Witham for the benefit of the couple’s child.

On Friday, Chelmsford Crown Court heard how Clare, 35, proceeded called his ex-partner on her birthday from a withheld number only weeks later.

On another occasion, he phoned and said: “If I can’t talk to our daughter, I will just come over."

Clare admitted breaching the court's non-molestation order.

Halstead Gazette: Suspended – Alex Clare will likely be sent to jail if he commits any offences in the next two yearsSuspended – Alex Clare will likely be sent to jail if he commits any offences in the next two years (Image: Newsquest)

Mr Winship, prosecuting, read out a statement from Clare’s ex-partner, which read: “Although no threats were made, this has made me feel very unsettled.

“Luckily, I was at a friend’s when I received the calls, but if I had been at home, I would have been too scared to stay there, as he lives close by.”

Mr Winship added Clare had a range of previous convictions, including violence in a domestic context and breaches of community orders, non-molestation orders, and restraining orders.

Ms Gannon, defending, said the relationship between Clare and his ex-partner had turned toxic and that Clare had mental health problems.

She said: “The defendant was previously in the British Army and served a number of tours in Afghanistan – he has suffered a number of mental health issues as a result of that, for which he is on medication.

“He works part-time as a lorry driver – if he were to receive a custodial sentence, he would lose his job.”

Halstead Gazette: Breach – Alexander Clare breached his non-molestation order by sending calls and texts to his ex-partnerBreach – Alexander Clare breached his non-molestation order by sending calls and texts to his ex-partner (Image: Pexels)

Clare, whose partner was sitting in the public gallery, held back tears when Judge O’Connor spared him time in jail.

Sentencing Clare to a 14-week sentence, suspended for two years, Judge O’Connor said: “You need to be aware that if you breach a suspended sentence order, you will be taken straight to custody.”

Clare responded: “100 per cent, your honour – I won’t let you down.”

As part of his sentence, Clare must also complete 20 hours of rehabilitation activity requirements, 150 hours of unpaid work, and pay a £154 victim surcharge payment.