A MAN who breached a restraining order designed to keep him away from his mum for a 12th time has been spared jail.

Mark Stiggers turned up drunk at his family’s house in the middle of the night after stealing a key on an earlier visit.

The 24-year-old then made a noise, playing loud music, before fleeing with his mum’s mobile phone which he never returned.

But after being told Stiggers had served the equivalent of a six-month jail term on remand and used the time to stop drinking alcohol a judge decided not to jail him.

Rob Welling, prosecuting, told Swindon Crown Court the restraining order was imposed in July 2012 after he was convicted of assaulting his mum, Cheryl.

“On July 1 this year Cheryl Stiggers’ evidence is that she awoke around 4.30am in the early hours of the morning to find the defendant shouting at her,” Mr Welling said.

At first she didn’t know how he got in to her Toothill house but then saw a key which she thought had been lost.

“He was described as being drunk and aggressive,” he added. “She tried to keep him calm despite the fact he was being loud and playing music in a way that might disturb the neighbours.”

Later in the morning she told him that she was going to court about the order and the pair then struggled, with his mum falling to the floor.

Soon after his mum was on the phone but Stiggers took it from her and then left, not returning it.

When he was arrested he denied he had been to the house, even though he told officers he had intended to return the phone.

Mr Welling said at the time of the incident the defendant was on bail for breaching the order on June 3 and June 24.

On the first occasion he was at the home address and being aggressive threatening to cut things up with a pair of scissors.

Stiggers, of Morris Street, Rodbourne, admitted three counts of breaching a restraining order and one of theft.

The court heard that since it was imposed he had breached the order on nine other occasions, being jailed for it a number of times.

Rob Ross, defending, said his client had a poor record but all but one of the offences related to assaults on his mum or to the restraining order.

“A major issue so far as he is concerned is his relationship with his mother,” he told the court.

“The fact is, that they are very fond of each other but they can’t live together. Both have drink problems.”

He said she had frequently allowed him to the family house, despite the order, because she didn’t want to see him homeless.

“Most of the time she will acquiesce, he will go round for a couple of days, there will be a drunken row and she will call the police,” he said.

Passing sentence, Judge Alistair McGrigor, said: “You must be under no illusion that a further breach of the restraining order will most likely trigger a custodial sentence so it is up to you."”

He imposed an 18 month community order with supervision, a six month alcohol treatment requirement and 80 hours of unpaid work.