An abusive man who viciously kicked his ex partner while she lay on the floor wept in court as he was sent back to prison.

Martiy Baxter turned up at his former girlfriend’s address in the middle of the night despite being banned from her home following a “toxic relationship”.

The 29-year-old had ignored a court order which had been issued to him earlier this year after a vicious attack on his ex.

A court heard Baxter, also a convicted shoplifter, had a poor record of complying with other orders and despite being on two community-based ones, he had not engaged with probation officers.

The domestic abuser had been charged with a number of offences after turning up at the woman’s home in Fox Street, Gillingham, during the early hours of February 25.

It happened just 24 days after he’d been slapped with a restraining order for the earlier assault at Maidstone Magistrates’ Court on February 1.

During a hearing at Folkestone Magistrates’ Court on June 4, District Judge Paul Booty heard Baxter, of Station Road, Herne Bay, had originally been charged with three offences, assault and criminal damage and breaching the restraining order, after going to her home.

But when he appeared in court on February 27, he had denied the allegations.

Julie Farbrace, prosecuting, said: “He was charged with three offences but pleaded not guilty to all three and was remanded in custody.

“He appeared in court again on March 5 and he entered a guilty plea in relation to the breach of the restraining order and it was moving towards a trial on that day.”

However, the prosecutor also revealed the Crown Prosecution Service later offered no evidence and in April Baxter was granted bail.

She added: “He was in custody from February 27 to April 17 and the background on the case is that he had been with the woman for three-and-a-half years but split up in 2024 and in that time he’s been to prison for assault and abuse (on the same victim).

“When he got out they met up three times to rekindle their relationship, but on February 25 at 4am she heard him saying please let me in (at her front door) and he was saying he was sorry.

“She let him in and told him he shouldn’t be there and he said he wasn’t going to hurt her and they talked for a few minutes, but there was an incident and the police were called and he was arrested thereafter.”

The court also heard the woman had told police Baxter was only happy when seeing her unhappy and that their relationship had taken its toll on her and she was upset.

However, she later retracted her statement and said she was intoxicated at the time and the situation was all a blur, but had said what she had told the police was all true.

Ms Farbrace added: “The breach was going to Fox Street, being in that road and this had an effect on her.”

Judge Booty was told the restraining order didn’t prevent Baxter from meeting up with the woman, it only banned him from her address and road in Gillingham.

He was also told Baxter was on two community orders he’d been given for other offences, including several shoplifting offences committed last year and an assault on the same victim when he was convicted on February 1, this year.

However, he was told Baxter had not really complied with the orders and had only attended an initial interview for one of them, which he did so three months after he’d been given it.

The judge also heard he had not attended the pre-sentencing report appointment which had been arranged for him before this hearing.

Baxter had called probation officers the day before he was due in court and was told it was too late to do it in time for the hearing and as a result, there wasn’t a report.

Paul Ruse, defending, said his client didn’t have a smartphone and couldn’t have accessed the Microsoft Teams link he had been sent by the probation service to access the online appointment.

He said Baxter had attempted to call the service back, but had thought the meeting was a face-to-face one.

Mr Ruse added: “The restraining order is not no contact, but not to go to a specific location (her street or address) and to some extent a toxic relationship.

“She seeks him out, so the breach is not of contact, it’s the location.

“She did attend the trial, but she was intoxicated and couldn’t confirm any matters in her statement and for a period of time she gave evidence, but was then released (from the court) and the assault and criminal damage charges were dropped and he was later released.

“She had attacked him, but he pleaded guilty on the second hearing and should get credit for that.

“He spent seven-and-a-half weeks in custody and I urge you to take that into consideration, the entry point for this offence is 12 weeks’ custody and he would have served that on remand.

“She has a fascination for the defendant and will seek him out and make further accusations.

“He’s a removals operative by trade but on Universal Credit now.”

If you breach that order you will be sent straight back to prison

Judge Booty told Baxter he was going to jail because he had a history of breaching court orders.

He also revoked the two community orders Baxter was on and resentenced him over those matters and jailed him for a total of 18 weeks for all the offences.

At this point, Baxter cried and desperately said to the judge: “What? I am going to prison now?

The judge replied: “Yes, you are going to custody, but I will give you the credit for the seven-and-a-half weeks you spent on remand and the early guilty plea.”

The judge also extended the restraining order preventing Baxter from going to the woman’s address, or her street. That order will now run until June 3, 2026.

Judge Booty added: “If you breach that order you will be sent straight back to prison.”

Baxter was also ordered to pay a victim surcharge of £154 and £85 court costs.

I is understood he will be released from custody in a matter of days because of the time he spent on remand.