ABUSIVE ACTIONS

The question of what amounted to “abusive action” under the terms of a restraining order was a question of fact for the jury. There was no basis for ascribing a special meaning to the phrase. Where the appellant had not raised the issue of reasonable excuse, the judge was entitled to direct the jury that they just had to be satisfied that the prosecution had proved lack of reasonable excuse.

[2004] EWCA Crim 3102