A FATHER of eight who returned to the family home earlier this month at the request of his estranged wife, despite a court order not to see her, has been given a suspended prison sentence of 16 weeks.

James McCarthy, 36, of Winterbourne Caravan Park, near Bristol appeared before Wiltshire Magistrates sitting at Swindon on Monday and pleaded guilty to charges of breaching a restraining order not to contact Ann McCarthy, with assaulting a constable in the execution of her duty and with resisting arrest.

Probation officer Jackie Reynolds told the court that Mrs McCarthy had confirmed that despite the restraining order imposed on McCarthy in March she had been allowing him to visit her in Swindon since October 1 because he had stopped drinking.

However on October 29 he took her vehicle without her consent, and Mrs McCarthy reported him to the police, Miss Reynolds said.

When police found McCarthy in Swindon later that day and attempted to arrest him he kicked out at PC Jessica Sowden and caught her on the hand, causing bruising, and resisted arrest by PC Ruth Abbott.

Defending McCarthy, Mark Glendenning told the magistrates that his client was only in contact with Mrs McCarthy because she assured him that she had had the restraining order removed.

Chairman of the bench Mrs C Smith told McCarthy that as this was his third breach of the restraining order he was sentenced to 16 weeks in prison, suspended for two years.

He was ordered to pay compensation of £50 for assaulting the PC. There was no separate penalty for resisting PC Abbott and in view of outstanding fines from previous offences no costs were ordered.