A MAN subject to a restraining order was caught literally holding the baby at his partner’s home.

Blackburn magistrates heard it was a “complicit breach” of the order with the victim saying she was content for Wayne Holmes to be there.

Alex Mann, prosecuting, said Holmes had been sentenced for assaulting his former partner less than two weeks ago and the restraining order was imposed at the time.

“There is a family court order already in place which says neither party is allowed to be in drink around the children,” said Mrs Mann.

On the day of the breach someone phoned the police and reported that Holmes was at the address. “There was no complaint from his partner. She was quite upset the police arrived,” said Mrs Mann.

“He was there holding the baby when the police arrived. She can come to court and ask for the order to be removed but it is still in place.”

Holmes, 34, of Lower Tentre, Burnley, pleaded guilty to breach of a restraining order.

Gareth Price, defending, said his client understood the complainant was in the process of filling in the paperwork to apply for the restraining order to be discharged.

“He concedes it is an order of the court and until they say it can be removed it remains,” said Mr Price. “For some reason he has spent 72 hours in custody since his arrest.”

The chairman of the magistrates said they were concerned because the order had been put in place so recently.

“The fact you have been kept in custody over the weekend may help you understand the seriousness of the situation,” he said.

Holmes was fined £80 with £85 costs and a £30 victim surcharge.