A MAN who assaulted his former partner in her own home has been spared an immediate jail term but has been banned from contacting her for five years.

Gareth Sidlow, 35, who has shown no remorse, grabbed the woman by the neck and tried to force his fist into her mouth during the attack.

But after deciding to suspend the jail term he handed down to Sidlow, Judge Tim Mousley QC imposed a restraining order.

Sidlow had pleaded not guilty to common assault but was convicted by a jury following a trial at Swindon Crown Court last month.

Despite their finding of guilt the court was told that he still did not accept that he had done anything wrong.

Sidlow, formerly of Marlowe Avenue, Park North, had been living with the woman, despite their relationship coming to an end, so he could be close to their child.

But the defendant, who is now living in Manchester, got angry after working nights and launched the assault in November last year.

Charley Pattison, prosecuting, said a victim personal statement from the woman spoke of 'pain and discomfort to her neck and mouth', following the attack.

"He held her by the neck and an attempt was made to put his fist in her mouth and throat. There were also injuries to the underside of her tongue," she said.

Miss Pattison said: "Obviously it was a very frightening incident that took place in her own home.

"She had invited Mr Sidlow to live with her to spend more time with their child after the dissolution of a not insubstantial relationship."

He had a previous conviction for a public order offence from the turn of the century.

Jonathan Lewis, defending, said his client seemed to have lost control of his anger, and told the court Sidlow no longer wanted any contact with the woman.

He said Sidlow was currently out of work and had to borrow money to travel down for the hearing.

The judge said: "I have read the pre-sentence report and he doesn't accept guilt in any way or blame, therefore there is no remorse."

He told the court that even if he gave Sidlow the maximum sentence for common assault he would be out in a couple of months without any assistance.

"Domestic violence is so serious it must be custody. The maximum is six months," he said.

"Or I could suspend so it hangs over his head as a further deterrent and I could order him to do unpaid work."

Passing sentence, the judge said: "This was a very serious matter as you well know and you still show no remorse for it. It is serious in the context of offences of its type. "

He imposed a six-month jail term and suspended it for two years, telling Sidlow to do 200 hours of unpaid work.

The restraining order prevents him from having contact with his former partner or from going to where she lives.

He is allowed contact with the child through a third party, but if he breaches the order he could be jailed for up to five years.