Senior Magistrate Archibald Warner yesterday dismissed charges of violating a domestic violence order against a Hamilton Parish man.

Mr. Warner threw out the case after prosecutor Oonagh Goodred admitted the man had moved into a next door neighbour's apartment but had not contacted his ex-wife in the six days since an order to stay 50 yards away from her was handed down.

After the man pleaded guilty to violating the February 6 order on Sunday and he had heard a summary of evidence, Mr. Warner said: "Where are they expecting you to stay -- Salvation Army? "Ms Goodred, as you know these are very, very strict orders prohibiting contact,'' Mr. Warner continued. "But they are not to be interpreted stupidly.

"Clearly there is nothing to do (in the summary) with living in the same area and attempting to approach or molest her or her daughter,'' he added.

The man -- who cannot be named for legal reasons -- explained that his ex-wife lives in a four apartment building and he had been living in a friend's apartment.

Although parts of the buildings may be 50 yards apart, the two apartments are physically a greater distance away, the man explained.

"I'm just living with my good friend,'' he added. "On Thursday, hopefully, I'll get someplace else to stay.

"He put me up for the time being. I gave her everything. All of my finances went to my wife's account. I only have $80.'' "You weren't interfering with her in any way?'' Mr. Warner asked.

"I was sleeping when the Police came,'' the man replied. "I never laid a hand on my wife or went near her. I just had nowhere else to go.'' After complaining about the charge, Mr. Warner said: "I'm going to enter a not guilty plea and discharge you.

"But sir, you see what this order is intending to do. You can imagine what will happen if you interfere with your ex-wife. Take it seriously,'' he added.

The man was arrested on Sunday evening and charged with violating a temporary domestic violence order by being less than 50 yards from his ex-wife and daughter.

When he was arrested, the 41-year-old told Police "I didn't know it was that strict'' and later said "but I didn't know it was that drastic''.